
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC6514]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                Subtitle F--Procedure and Administration
 
                         CHAPTER 66--LIMITATIONS
 
              Subchapter B--Limitations on Credit or Refund
 
Sec. 6514. Credits or refunds after period of limitation


(a) Credits or refunds after 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

       (2) Disallowance of claim and expiration of period for 
                                 filing suit

        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.

                  (3) Recovery of erroneous refunds

            For procedure by the United States to recover erroneous 
        refunds, see sections 6532(b) and 7405.

(b) Credit after period of limitation

    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).

(Aug. 16, 1954, ch. 736, 68A Stat. 812; Pub. L. 94-455, title XIX, 
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)


                               Amendments

    1976--Subsec. (a)(2). Pub. L. 94-455 struck out ``or his delegate'' 
after ``Secretary''.

                  Section Referred to in Other Sections

    This section is referred to in section 7405 of this title.
