Page:United States Statutes at Large Volume 56 Part 1.djvu/904

 PUBLIC LAWS-CH. 619-OCT. 21, 1942 SEC. 168. PERIOD FOR FILING PETITION EXTENDED IN CERTAIN CASES. 53Stat8.8. (a) PERIOD EXTENDED.-Section 272 (a) (1) (relating to period for (1)u. .. a) filing petition with Board of Tax Appeals) is amended by inserting at the end thereof the following new sentence: "If the notice is addressed to a person outside the States of the Union and the District of Columbia, the period specified in this paragraph shall be one hundred and fifty days in lieu of ninety days.' (b) EFFECTIVE DATE.- The amendment made by this section shall be applicable with respect to notices of deficiency mailed after the date of the enactment of this Act. SEC. 169. STATUTE OF LIMITATIONS ON REFUNDS AND CREDITS. 53Stat. 92 (a) LIMIT ON AMOUNT OF CREDIT OR REFUND.- Section 322 (b) (2) 26 U.s.. . 322 (b) is amended to read as follows: (2. "(2) LIMIT ON AMOUNT OF CREDIT OR REFUND.-The amount of the credit or refund shall not exceed the portion of the tax paid- "(A) If a return was filed by the taxpayer, and the claim was filed within three years from the time the return was filed, during the three years immediately preceding the filing of the claim. "(B) If a claim was filed, and (i) no return was filed, or (ii) if the claim was not filed within three years from the time the return was filed by the taxpayer, during the two years immediately preceding the filing of the claim. "(C) If no claim was filed and the allowance of credit or refund is made within three years from the time the return was filed by the taxpayer, during the three years immediately preceding the allowance of the credit or refund. "(D) If no claim was filed, and (i) no return was filed or (ii) the allowance of the credit or refund is not made within three years from the time the return was filed by the taxpayer, during the two years immediately preceding the allowance of the credit or refund. "(3) ExCEPTIONS IN THE CASE OF WAIVERS.- I f both the Com- missioner and the taxpayer have, within the period prescribed in paragraph (1) for the filing of a claim for credit or refund, 653tat. 87 .8 agreed in writing under the provisions of section 276 (b) to b), 2. S. . extend beyond the period prescribed in section 275 the time within which the Commissioner may make an assessment, the period within which a claim for credit or refund may be filed, or credit or refund allowed or made if no claim is filed, shall be the period within which the Commissioner may make an assess- ment pursuant to such agreement or any extension thereof, and six months thereafter, except that the provisions of paragraph (1) shall apply to any claim filed, or credit or refund allowed amount. or made, before the execution of such agreement. The amount of the credit or refund shall not exceed the total of the portions of tax paid (A) during the two years immediately preceding the execution of such agreement, or, if such agreement was exe- cuted within three years from the time the return was filed, dur- ing the three years immediately preceding the execution of such agreement, (B) after the execution of the agreement and before the expiration of the period within which the Commissioner might make an assessment pursuant to such agreement or any extension thereof, and (C) during six months after the expira- tion of such period, except that the provisions of paragraph (2) shall apply to any claim filed, or credit or refund allowed, before [56 STAT.

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