§6401 — Amounts treated as overpayments
14 cases·2 followed·12 cited—14% support
Statute Text — 26 U.S.C. §6401
The term “overpayment” includes that part of the amount of the payment of any internal revenue tax which is assessed or collected after the expiration of the period of limitation properly applicable thereto.
If the amount allowable as credits under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) exceeds the tax imposed by subtitle A (reduced by the credits allowable under subparts A, B, D, and G of such part IV), the amount of such excess shall be considered an overpayment.
For purposes of paragraph (1), any credit allowed under section 33 (relating to withholding of tax on nonresident aliens and on foreign corporations) for any taxable year shall be treated as a credit allowable under subpart C of part IV of subchapter A of chapter 1 only if an election under subsection (g) or (h) of section 6013 is in effect for such taxable year. The preceding sentence shall not apply to any credit so allowed by reason of section 1446.
An amount paid as tax shall not be considered not to constitute an overpayment solely by reason of the fact that there was no tax liability in respect of which such amount was paid.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §301.6401-1 Amounts treated as overpayments
- Treas. Reg. §Treas. Reg. §301.6401-1(a) §301.6401-1(a)
- Treas. Reg. §Treas. Reg. §301.6401-1(b) An amount paid as tax shall not be considered not to constitute an overpayment solely by reason of the fact that there was no tax liability in respect of which such amount was paid.
14 Citing Cases
Section 6401 provides examples of certain types of overpayments. For instance, the term “overpayment” includes “that part of the amount of the payment of any * * * tax which is assessed or collected after the expiration of the period of limitation properly applicable thereto.” Sec. 6401(a). On the other hand, section 6401(c) provides that an “amoun
ns prepared by petitioner, and removed the lien. Petitioner did not discover the Federal tax lien until 3 years after it was filed,6 and she blames it for her inability to 6In the IRS Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206, sec. 6401, 112 Stat. 746, Congress enacted sec. 6320(a), which provides that respondent is required to give notice within 5 business days of the filing of the notice of lien. The notice is required to be left at the taxpayer's (continued...) - 14 - g
445, 449 (1985), we stated that section 6401 contains a description of certain specific items that are statutorily treated as overpayments but that there is no specific statutory definition of the term "overpayment" within the Code.
445, 449 (1985), we stated that section 6401 contains a description of certain specific items that are statutorily treated as overpayments but that there is no specific statutory definition of the term “overpayment” within the Code.
Liberty Glass Co., 332 US 524, 531 (1947); see also IRC §§ 6401, 6403 for Code definition of “overpayment,” and note what [that?] it leaves open the possibility of other payments being treated as overpay-ments.