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26 U.S.C. § 6514 : US Code - Section 6514: Credits or refunds after period of limitation

Search 26 U.S.C. § 6514 : US Code - Section 6514: Credits or refunds after period of limitation

(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).
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