§ 6514. Credits or refunds after period of limitation

209 words·~1 min read·/usc/title-26/section-6514

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Credits or refunds after period of limitation A refund of any portion of an internal revenue tax shall be considered erroneous and a credit of any such portion shall be considered void—

(1)Expiration of period for filing claim If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or

(2)Disallowance of claim and expiration of period for filing suit In the case of a claim filed within the proper time and disallowed by the Secretary, if the credit or refund was made after the expiration of the period of limitation for filing suit, unless within such period suit was begun by the taxpayer.

(3)Recovery of erroneous refunds For procedure by the United States to recover erroneous refunds, see sections 6532(b) and 7405.

(b)Credit after period of limitation Any credit against a liability in respect of any taxable year shall be void if any payment in respect of such liability would be considered an overpayment under section 6401(a).

(Aug. 16, 1954, ch. 736, 68A Stat. 812; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

Connections2 cite this

Cited by 2 sections

CFR

5 references not yet in our index

Aug. 16, 1954, ch. 736
68A Stat. 812
Pub. L. 94–455, title XIX, § 1906(b)(13)(A)
90 Stat. 1834
Pub. L. 94–455

Citation graph

cites case law

§ 6514

Credits or refunds after period of limitation

C.F.R.×2

ActAug. 16, 1954, ch. 736

Stat.68A Stat. 812

Pub. L.Pub. L. 94–455, title XIX, § 1906(b)(13)(A)

Stat.90 Stat. 1834

Pub. L.Pub. L. 94–455

Cites 5Cited by 2 across 1 source