REYNOSO v. U.S.

No. 11-15181.

692 F.3d 973 (2012)

Jose REYNOSO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 28, 2012.


Attorney(s) appearing for the Case

Paul Ham, Esq. , San Francisco, CA, for the plaintiff-appellant.

Bruce R. Ellisen , and Carol Barthel , United States Department of Justice, Tax Division, Tamara W. Ashford (argued), Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C., for the respondent-appellee.

Before: STEPHEN REINHARDT, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.


OPINION

N.R. SMITH, Circuit Judge:

A taxpayer's claim for credit of an overpayment is limited to the amount of the overpayment made within of the applicable look-back period in § 6511(b)(2)(A) of the Internal Revenue Code (the "I.R.C." or the "Code").1 Any claim for refund based on an amount claimed as a credit but paid outside of the § 6511(b)(2)(A) look-back period is time barred and uncollectible. Therefore, we affirm...

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