§1464 — Refunds and credits with respect to withheld tax
10 cases·1 followed·1 distinguished·8 cited—10% support
Statute Text — 26 U.S.C. §1464
Where there has been an overpayment of tax under this chapter, any refund or credit made under chapter 65 shall be made to the withholding agent unless the amount of such tax was actually withheld by the withholding agent.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.1464-1 Refunds or credits
- Treas. Reg. §Treas. Reg. §1.1464-1(a) In general.
- Treas. Reg. §Treas. Reg. §1.1464-1(b) Tax repaid to payee.
- Treas. Reg. §Treas. Reg. §1.1464-1(c) Applicability date.
10 Citing Cases
Petitioners In arguing that section 1464, rather than section 1463, “is relevant . . . for 2007 and 2008,” petitioners implicitly concede that YA Offshore’s stipulated nonpartnership expenses for those years are not sufficient to eliminate its income tax liability. They make no argument that any of YA Global’s foreign partners certified their nonpartnership deductions in accordance with Treasury Regulation § 1.1446-6, conceding that that regulation “is inapplicable here.” And they concede that “
trade or business, (5) YA Global’s liability for section 1446 withholding tax for 2007 and 2008 could not be “adjusted” under section 1464 to reflect stipulated expenses of YA Offshore Global Investments, Ltd.