Page:United States Statutes at Large Volume 53 Part 1.djvu/473

 ABATEMENTS, CREDITS, AND REFUNDS SEC. 3771. INTEREST ON OVERPAYMENTS. (a) RATE.- Interest shall be allowed and paid upon any overpay- ment in respect of any internal revenue tax at the rate of 6 per centum per annum. (b) PERIOD.- Such interest shall be allowed and paid as follows: (1) CREDITS.- In the case of a credit, from the date of the over- payment to the due date of the amount against which the credit is taken, but if the amount against which the credit is taken is an additional assessment of a tax imposed by the Revenue Act of 1921, 42 Stat. 227. or any subsequent Revenue Act, then to the date of the assessment of that amount. (2) REFUNDs. - In the case of a refund, from the date of the overpayment to a date preceding the date of the refund check by not more than thirty days, such date to be determined by the Commissioner, whether or not such refund check is accepted by the taxpayer after tender of such check to the taxpayer. The acceptance of such check shall be without prejudice to any right of the taxpayer to claim any additional overpayment and inter- est thereon. (c) ADDITIONAL ASSESSMENT DEFINED.- As used in this section the term "additional assessment" means a further assessment for a tax of the same character previously paid in part, and includes the assessment of a deficiency of any income or estate tax imposed by the Revenue Act of 1924, 43 Stat. 253, or by any subsequent Revenue Act. SEC. 3772. SUITS FOR REFUND. (a) LIMITATIONS. - (1) CLAIM. -No suit or proceeding shall be maintained in any court for the recovery of any internal revenue tax alleged to have been erroneously or illegally assessed or collected, or of any penalty claimed to have been collected without authority, or of any sum alleged to have been excessive or in any manner wrongfully col- lected until a claim for refund or credit has been duly filed with the Commissioner, according to the provisions of law in that regard, and the regulations of the Secretary established in pursuance thereof. (2) TtIM.- No such suit or proceedilng shall be begun before the expiration of six months from the date of filing such claim unless the Commissioner renders a decision thereon within that time, nor after the expiration of two years from the date of mail- ing by registered mail by the Commissioner to the taxpayer of a notice of the disallowance of the part of the claim to which such suit or proceeding relates. (3) RECONSIDERATION AFTER MAILING OF NOTICE.- Any considera- tion, reconsideration2 or action by the Commissioner with respect to such claim following the mailing of a notice by registered mail of disallowance shall not operate to extend the period within which suit may be begun. This paragraph shall not operate (A) to bar a suit or proceeding in respect of a claim reopened prior to June 22, 1936, if such suit or proceeding was not barred under the law in effect prior to that date, or (B) to prevent the sus- pension of the statute of limitations for filing suit under section 3774 (b) (2). (b) PROTEST OR DURESS.- Such suit or proceeding may be main- tained, whether or not such tax, penalty, or sum has been paid under protest or duress. (c) CROSS REFERENCES.- For provisions relating to claims for refund or credit filed with the Commissioner in respect of- Income tax, see section 322. Estate tax, see sections 910, 911, and 912. Gift tax, see section 1027. Miscellaneous taxes, see section 3313. 465

�