Page:United States Statutes at Large Volume 68A.djvu/848

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INTERNAL REVENUE CODE OF 1954

Subchapter B—Limitations on Credit or Refund Sec. Sec. Sec. Sec. Sec.

6511. 6512. 6513. 6514. 6515.

Limitations on credit or refund. Limitations in case of petition to Tax Court. Time return deemed filed and tax considered paid. Credits or refunds after period of limitation. Cross references.

SEC. 6511. LIMITATIONS ON CREDIT OR REFUND. (a) PERIOD OF LIMITATION ON F I L I N G CLAIM.—Claim for credit or

refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was required to be filed (determined without regard to any extension of time) or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid. (b) LIMITATION ON ALLOWANCE OF CREDITS AND R E F U N D S. — (1) F I L I N G OF CLAIM WITHIN PRESCRIBED PERIOD.—No credit or

refund shall be allowed or made after the expiration of the period of limitation prescribed in subsection (a) for the filing of a claim for credit or refund, unless a claim for credit or refund is filed by the taxpayer within such period. (2) LIMIT ON AMOUNT OF CREDIT OR REFUND.— (A) L I M I T TO AMOUNT PAID WITHIN 3 YEARS.—If

the claim was filed by the taxpayer during the 3-year period prescribed in subsection (a), the amount of the credit or refund shall not exceed the portion of the tax paid within the 3 years immediately preceding the filing of the claim. If the tax was required to be paid by means of a stamp, the amount of the credit or refund shall not exceed the portion of the tax paid within the 3 years immediately preceding the filing of the claim. (B) L I M I T TO AMOUNT PAID WITHIN 2 YEARS.—If the claim was not filed within such 3-year period, the amount of the credit or refund shall not exceed the portion of the tax paid during the 2 years immediately preceding the filing of the claim. (C) LIMIT I F NO CLAIM FILED.—If no claim was filed, the

credit or refund shall not exceed the amount which would be allowable under subparagraph (A) or (B), as the case may be, if claim was filed on the date the credit or refund is allowed. (c) SPECIAL RULES APPLICABLE I N C A S E OF EXTENSION OF T I M E

BY AGREEMENT.—If an agreement under the provisions of section 6501 (c)(4) extending the period for assessment of a tax imposed by this title is made within the period prescribed in subsection (a) for the filing of a claim for credit or refund— (1) T I M E FOR FILING CLAIM.—The period for filing claim for credit or refund or for making credit or refund if no claim is filed, §6511

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