Page:United States Statutes at Large Volume 68A.djvu/852

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INTERNAL REVENUE CODE OF 1954 the grounds upon which the Tax Court finds that there is an overpayment.

SEC. 6513. TIME RETURN DEEMED FILED AND TAX CONSIDERED PAID. (a) EARLY R E T U R N OR ADVANCE PAYMENT OP T A X. — For purposes

of section 6511, any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day. For purposes of section 6511(b)(2) and (c) and section 6512, payment of any portion of the tax made before the last day prescribed for the payment of the tax shall be considered made on such last day. For purposes of this subsection, the last day prescribed for filing the return or paying the tax shall be determined without regard to any extension of time granted the taxpayer and without regard to any election to pay the tax in installments. (b) PREPAID INCOME T A X. — For purposes of section 6511 or 6512,

any tax actually deducted and withheld at the source during any calendar year under chapter 24 shall, in respect of the recipient of the income, be deemed to have been paid by him on the 15th day of the fourth month following the close of his taxable year with respect to which such tax is allowable as a credit under section 31. For purposes of section 6511 or 6512, any amount paid as estimated income tax for any taxable year shall be deemed to have been paid on the last day prescribed for filing the return under section 6012 for such taxable year (determined without regard to any extension of time for filing such return). (c) E E T U R N AND PAYMENT OF SOCIAL SECURITY T A X E S AND I N -

COME T A X WITHHOLDING.—Notwithstanding subsection

(a), for

purposes of section 6511 with respect to any tax imposed by chapter 21 or 24— (1) If a return for any period ending with or within a calendar year is filed before April 15 of the succeeding calendar year, such returu shall be considered filed on April 15 of such succeeding calendar year; and (2) If a tax with respect to remuneration paid during any period ending with or within a calendar year is paid before April 15 of the succeeding calendar year, such tax shall be considered paid on April 15 of such succeeding calendar year. (d) OVERPAYMENT

OF INCOME

T A X CREDITED

TO ESTIMATED

TAX.—If any overpayment of income tax is, in accordance with section 6402 (b), claimed as a credit against estimated tax for the succeeding taxable year, such amount shall be considered as a payment of the income tax for the succeeding taxable year (whether or not claimed as a credit in the return of estimated tax for such succeeding taxable year), and no claim for credit or refund of such overpayment shall be allowed for the taxable year in which the overpayment arises. SEC. 6514. CREDITS OR REFUNDS AFTER PERIOD OF LIMITATION.

(a) CREDITS OR R E F U N D S A F T E R 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 16512(b)(2)(B)

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