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-
If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or
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.
For procedure by the United States to recover erroneous refunds, see sections 6532(b) and 7405.
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).
26 U.S.C. § 6514
AMENDMENTS1976-Subsec. (a)(2). Pub. L. 94-455 struck out "or his delegate" after "Secretary".
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
- The term "taxpayer" means any person subject to any internal revenue tax.