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(i) which had not been disallowed before that
date,
(ii) which had been disallowed before that
date and in respect of which a timely suit
for refund could have been commenced as of
that date, or
(iii) in respect of which a suit for refund
had been commenced before that date and
within the period specified in section 6532.
These provisions prevent the allowance of any credit or refund
paid during a period beyond the periods prescribed by section
6512(b)(3). See Sutherland v. Commissioner, T.C. Memo. 1987-301.
Section 6511(a) provides generally that a claim for credit
or refund of an overpayment of any tax as to which the taxpayer
is required to file a return shall be filed within 3 years from
the time the return was filed or 2 years from the time the tax
was paid, whichever period expires later, or if no return was
filed by the taxpayer, within 2 years from the time the tax was
paid. Section 6511(b) provides:
(b) Limitation on Allowance of Credits and Refunds.--
(1) Filing 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) Limit where claim filed within 3-year
period.--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
period, immediately preceding the filing of the
claim, equal to 3 years plus the period of any
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