First Tower Corp. v. Commissioner

FIRST TOWER CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

First Tower Corp. v. Commissioner

Docket No. 26614-96

United States Tax Court

1997 U.S. Tax Ct. LEXIS 76 ;

December 9, 1997 , Entered

Mary Ann Cohen , Judge.

Cohen

DECISION Pursuant to the stipulation of the parties in this case, and incorporating herein the facts stipulated by the parties as the findings of the Court, it is

ORDERED and DECIDED: That there is an overpayment in income tax for the taxable year 1992 in the amount of $ 56,165.00, which amount was paid on March 15, 1993 and September 15, 1993, and for which amount a claim for refund was filed on September 13, 1996, which *77 was within the period provided by I.R.C. § 6511(b)(2) , and which claim had not been disallowed before the date of the mailing of the notice of deficiency.

Mary Ann Cohen

Judge

Entered: DEC 9 1997

* * * *

It is hereby stipulated that the Court may enter the foregoing decision in the above-entitled case in accordance with the stipulation of the parties submitted herein.

STEWART L. BROWN

Chief Counsel

Internal Revenue Service

LEONARD D. VAN SLYKE, JR.

Counsel for Petitioner

Tax Court Bar No. VL0034

Post Office Drawer 1532

Jackson, MS 39215

Tel. No. (601) 948-6882

By:

SHUFORD A. TUCKER, JR.

Associate District Counsel

Tax Court Bar No. TS0102

801 Tom Martin Dr. Rm. 257

Birmingham, AL 35211

Tel. No. (205) 912-5480

STIPULATION It is hereby stipulated that the following statement shows the petitioner's income tax liability for the taxable year 1992: Net tax assessed and paid $ 2,533,357.00

Payments:

March 15, 1993 $ 2,525,000.00

September 15, 1993 9,066.87 $ 2,533,357.00

Less Allowance:

December 13, 1993 $ 709.87 709.87

Net Payments $ 2,533,357.00

Tax liability 2,477,192.00

Overpayment $ 56,165.00

I.R.C. §§ 6512(b)(3)(C)(i) and 6511(b)(2)

*78 Return filed September 20, 1993 pursuant to an extension granted for filing the return from March 15, 1993 to September 15, 1993

Claim filed September 13, 1996

No agreements executed

Deficiency notice mailed September 12, 1996