The Elastic Statute of Limitations on Claims for Refund: Why Old Claims May Still Be Open

Abstract

After the IRS's loss in Weisbart v. U.S., recently revised Treasury Regulations indicate the IRS will reconsider all claims for refund previously disallowed on grounds similar to those in Weisbart, no matter how old. Therefore, the Anastasoff court did not apply the mailbox rule and essentially followed the IRS's position that the filing date for both aspects of the document (i.e., claim and delinquent return) was the date of receipt. In Weisbart, the payer obtained a four-month extension of time to file his 1991 tax return. tax return, which embedded a claim, eventually mailed on August 17, 1995, and received by the IRS four days after. The plain language of the IRS's commentary indicates that the IRS will reconsider all claims for refund previously disallowed on grounds similar to those in Weisbart - no matter how old they might be.

Keywords: Tax refunds, claims, statute of limitations, Weisbart