§6514 — Credits or refunds after period of limitation
13 cases·3 followed·10 cited—23% support
Statute Text — 26 U.S.C. §6514
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).
13 Citing Cases
- 17 - petitioner seeks." We hold that because petitioner failed to initiate a timely judicial action to contest the disallowance of his claims for credit or refund within the period of limitations as provided in section 6532, he is now barred by section 6514 (a) from receiving any such credit toward his unpaid 2005 liability.
Whether the Erroneous Refund Created a Tax Liability Section 7405(b) provides that “[a]ny portion of a tax imposed by this title which has been erroneously refunded (if such refund would not be considered as erroneous under section 6514) may be recovered by civil action brought in the name of the United States.” An erroneous refund suit was brought against the LaRosas under secti
Only requirements (2) through (5) as numbered here are actually implicated in section 6514, the statute that we looked to in Brady v.
e refund." Section 7405 concerns actions for recovery oferroneous refunds, and section 7405(b) provides: "Any portion ofa tax imposed by this title which has been erroneously refunded (ifsuch refund - 12 - would not be considered as erroneous under section 6514W) may be recovered by civil action brought in the name ofthe United States." Respondent contends that petitioner's excess refund is not an erroneous refund recoverable by suit under section 6602 but, instead, an assessment ofoverstated wi
f the refund.” Section 7405 concerns actions for recovery of erroneous refunds, and section 7405(b) provides: “Any portion of a tax imposed by this title which has been erroneously refunded (if such refund would not be considered as erroneous under section 6514 ) may be recovered by civil action brought in the name of the United States.” Respondent contends that petitioner’s excess refund is not an erroneous refund recoverable by suit under section 6602 but, instead, an assessment of overstated
7405(b) provides as follows: Refunds Otherwise Erroneous.--Any portion of a tax imposed by this title which has been erroneously refunded (if such refund would not be considered as erroneous under section 6514) may be recovered by civil action brought in the name of the United States.
Refunds Otherwise Erroneous.--Any portion of a tax imposed by this title which has been erroneously refunded (if such refund would not be considered as erroneous under section 6514) may be recovered by civil action brought in the name of the United States.