Tax Type
Individual Income Tax
Description
Refund; Adjustment to out-of-state tax credit
Topic
Credits
Payment and Refund
Returns/Payments/Records
Date Issued
09-22-1992
September 22, 1992
Re: Protective Claim:
Dear***************
This is in reply to your letter of March 26, 1992 in which you filed a protective claim for a refund for the taxable year 1988.
As a resident of Virginia, you filed an income tax return taxable year 1988. However, because you also received income from Massachusetts, a nonresident return was filed in that state and the tax due was appropriately paid. However, in a subsequent examination of your return, Massachusetts assessed additional tax penalty and interest for income not reported. After examining additional information which you provided, they concluded that the assessment was correct.
Since you have properly filed a protective claim and you incurred an additional tax liability for Massachusetts, I find basis for issuing a refund by adjusting your 1988 Virginia income tax return for the out-of-state tax credit on the additional income tax paid to Massachusetts. Your refund will be forthcoming shortly.
If further assistance is needed, please contact the department.
Sincerely,
W. H. Forst
Tax Commissioner
OTP/6082N
Rulings of the Tax Commissioner