Sec. 8-2.6. Effect of petition to Tax Commission

Tax Law, § 1087(f)

If a notice of deficiency for a taxable year has been mailed to the taxpayer under section 1081 of the Tax Law, and if the taxpayer files a timely petition with the Tax Commission under section 1089 of the Tax Law, the Tax Commission may determine that the taxpayer has made an overpayment for that year (whether or not it also determines a deficiency for that year). No separate claim for credit or refund for that year may be filed, and no credit or refund for that year will be allowed or made, except:

(a) as to overpayments determined by a decision of the Tax Commission which has become final; and

(b) as to any amount collected in excess of an amount computed in accordance with the decision of the Tax Commission which has become final; and

(c) as to any amount collected after the expiration of the period of limitation upon levying; and

(d) as to any amount claimed as a result of a change or correction described in section 8-2.3 of this Subpart.