credit, unused new employee credit, unused research credit, or unused employee stock ownership credit from which such carryback results, whichever is the later, the Secretary shall make, to the extent he deems practicable in such period, a limited examination of the application, to discover omissions and errors of computation therein, and shall determine the amount of the decrease in the tax attributable to such carryback upon the basis of the application and the examination, except that the Secretary may disallow, without further action, any application which he finds contains errors of computation which he deems cannot be corrected by him within such 90-day period or material omissions. Such decrease shall be applied against any unpaid amount of the tax decreased (including any amount of such tax as to which an extension of time under section 6164 is in effect) and any remainder shall be credited against any unsatisfied amount of any tax for the taxable year immediately preceding the taxable year of the net operating loss, net capital loss, unused investment credit, unused work incentive program credit, unused new employee credit, unused research credit, or unused employee stock ownership credit the time for payment of which tax is extended under section 6164. Any remainder shall, within such 90-day period, be either credited against any tax or installment thereof then due from the taxpayer, or refunded to the taxpayer.

(c) Consolidated returns

If the corporation seeking a tentative carryback adjustment under this section, made or was required to make a consolidated return, either for the taxable year within which the net operating loss, net capital loss, unused investment credit, unused work incentive program credit, unused new employee credit, unused research credit, or unused employee stock ownership credit arises, or for the preceding taxable year affected by such loss or credit, the provisions of this section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Secretary may by regulations prescribe.

(d) Tentative refund of tax under claim of right adjustment

(1) Application

A taxpayer may file an application for a tentative refund of any amount treated as an overpayment of tax for the taxable year under section 1341(b)(1). Such application shall be in such manner and form as the Secretary may prescribe by regulation and shall

(A) be verified in the same manner as an application under subsection (a),

(B) be filed during the period beginning on the date of filing the return for such taxable year and ending on the date 12 months from the last day of such taxable year, and

(C) set forth in such detail and with such supporting data such regulations prescribe

(i) the amount of the tax for such taxable year computed without regard to the deduction described in section 1341(a)(2),

(ii) the amount of the tax for all prior taxable years for which the decrease in tax provided in section 1341(a)(5)(B) was computed,

(iii) the amount determined under section 1341(a)(5)(B),

(iv) the amount of the overpayment determined under section 1341(b)(1); and

(v) such other information as the Secretary may require.

(2) Allowance of adjustments

Within a period of 90 days from the date on which an application is filed under paragraph (1) or from the date of the overpayment (determined under section 1341(b)(1)), whichever is later, the Secretary shall—

(A) review the application,

(B) determine the amount of the overpayment, and

(C) apply, credit, or refund such overpayment,

in a manner similar to the manner provided in subsection (b).

(3) Consolidated returns

The provisions of subsection (c) shall apply to an adjustment under this subsection to the same extent and manner as the Secretary may by regulations provide.

(Aug. 16, 1954, ch. 736, 68A Stat. 794; Nov. 2, 1966, Pub. L. 89-721, § 2(a)-(e), 80 Stat. 1150; Dec. 27, 1967, Pub. L. 90-225, § 2(b), 81 Stat. 731; Dec. 30, 1969, Pub. L. 91-172, title V, § 512(d), 83 Stat. 639; Dec. 10, 1971, Pub. L. 92-178, title VI, § 601(e)(1), 85 Stat. 560; Oct. 4, 1976, Pub. L. 94-455, title XIX, § 1906(b)(13)(A), title XXI, § 2107(g)(1), 90 Stat. 1834, 1904; May 23, 1977, Pub. L. 95-30, title II, § 202(d)(5)(A), 91 Stat. 150; Nov. 6, 1978, Pub. L. 95-600, title V, § 504(a), (b)(1)(A), 92 Stat. 2880, 2881; Apr. 1, 1980, L. 96-222, title I, §§ 103(a)(6)(G)(xiii), 105(a)(2), 94 Stat. 211, 218; Aug. 13, 1981, Pub. L. 97-34, title II, § 221(b)(2)(B), title III, § 331(d)(2)(B), 95 Stat. 247, 295.)

Pub.

AMENDMENTS

1981-Subsec. (a). Pub. L. 97-34, § 331(d)(2)(B), inserted in provision preceding par. (1) "by an employee stock ownership credit carryback provided by section 44G(b)(2)" following "section 44F(g)(2)," and substituted "unused research credit, or unused employee stock ownership credit" for "or unused research credit", "a research credit carryback, or employee stock ownership credit carryback" for "or a research credit carryback", and "new employee credit carryback, or, in the case of an employee stock ownership credit carryback, to an investment credit carryback, a new employee credit carryback or a research and experimental credit carryback)" for "new employee credit carry back)" and in par. (1) substituted "unused research credit, or unused employee stock ownership credit" for "or unused research credit".

Pub. L. 97-34, § 221(b)(2)(B), inserted in provision preceding par. (1) "by a research credit carryback provided in section 44F(g)(2)," following "section 53(b),” and substituted "unused new employee credit, or unused research credit" for "or unused new employee credit", "a new employee credit carryback, or a research credit carryback" for "or a new employee credit carryback", and "work incentive program carryback, or, in the case of a research credit carryback, to an in

vestment credit carryback, a work incentive program carryback, or new employee credit carryback)" for "work incentive program carryback)" and in par. (1) substituted "unused new employee credit, or unused research credit" for "or unused new employee credit". Subsec. (b). Pub. L. 97-34, § 331(d)(2)(B)(i), substituted "unused research credit, or unused employee stock ownership credit" for "or unused research credit".

Pub. L. 97-34, § 221(b)(2)(B)(i), substituted "unused new employee credit, or unused research credit" for "or unused new employee credit".

Subsec. (c). Pub. L. 97-34, § 331(d)(2)(B)(i), substituted "unused research credit, or unused employee stock ownership credit" for "or unused research credit".

Pub. L. 97-34, § 221(b)(2)(B)(i), substituted “unused new employee credit, or unused research credit" for "or unused new employee credit".

1980-Subsec. (a). Pub. L. 96-222, § 103(a)(6)(G)(xiii), substituted “section 53(b)” for “section 53(c)".

Subsec. (d)(2). Pub. L. 96-222, § 105(a)(2), substituted "the date of the overpayment (determined under section 1341(b)(1))" for "the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for filing the return for taxable year in which the overpayment occurs".

1978-Catchline. Pub. L. 95-600, § 504(b)(1)(A), added "and refund" following "carryback”.

Subsec. (d). Pub. L. 95-600, § 504(a), added subsec.

(d).

1977-Subsec. (a). Pub. L. 95-30, § 202(d)(5)(A)(i) to (iv), added references to unused new employee credits and to new employee credit carrybacks in the provisions preceding par. (1) and in par. (1).

Subsecs. (b), (c). Pub. L. 95-30, § 202(d)(5)(A)(i), added references to unused new employee credits.

1976-Subsec. (a). Pub. L. 94-455, §§ 1906(b)(13)(A), 2107(g)(1), struck out “or his delegate" following "Secretary" and inserted parenthetical text in second sentence "(or, in the case of a work incentive program carryback, to an investment credit carryback)" following "capital loss carryback".

Subsecs. (b), (c). Pub. L. 94-455, § 1906(b)(13)(A), struck out "or his delegate" following "Secretary" wherever appearing.

substituted

1971-Pub. L. 92-178, § 601(e)(1)(A), "unused investment credit, or unused work incentive program credit" for "or unused investment credit" wherever appearing in subsecs. (a), (a)(1), (b), and (c). Subsec. (a). Pub. L. 92-178, § 601(e)(1)(B) and (C), inserted "by a work incentive program carryback provided in section 50A(b)," following "section 46(b)," in first sentence, and "or a work incentive program carryback" following "investment credit carryback" in second sentence, respectively.

1969-Subsec. (a). Pub. L. 91-172, § 512(d)(1), (2), provided quick refund procedure, presently available in the case of net operating loss carrybacks, to be made available in the case of the 3-year capital loss carryback, and substituted "net operating loss, net capital loss, or unused investment credit" for "net operating loss or unused investment credit" in par. (1). Subsec. (b). Pub. L. 91-172, § 512(d)(2), substituted "net operating loss, net capital loss, or unused investment credit" for "net operating loss or unused investment credit" wherever such term appears.

Subsec. (c). Pub. L. 91-172, § 512(d)(2), substituted "net operating loss, net capital loss, or unused investment credit" for "net operating loss or unused investment credit".

1967-Subsec. (a). Pub. L. 90-225 added "(or, with respect to any portion of an investment credit carryback from a taxable year attributable to a net operating loss carryback from a subsequent taxable year, within a period of 12 months from the end of such subsequent taxable year)" following "within a period of 12 months from the end of such taxable year".

1966-Subsec. (a). Pub. L. 89-721, § 2(a), (b), (c), provided in the introductory material for a tentative car

ryback adjustment based on an investment credit carryback as provided for in section 46(b) of this title and and inserted "or unused investment credit" following "the taxable year of the net operating loss", inserted in par. (1) "or unused investment" following "net operating loss", and struck out in par. (5) "of such loss" and inserted in lieu thereof "from which the carryback is made".

Subsec. (b). Pub. L. 89-721, § 2(d), inserted "or unused investment credit" following "net operating loss" in two instances.

Subsec. (c). Pub. L. 89-721, § 2(d), (e), inserted "or unused investment credit" following "net operating loss" and "or credit" following "such loss".

EFFECTIVE AND TERMINATION DATES OF 1981
AMENDMENT

Amendment by section 331(d)(2)(B) of Pub. L. 97-34 applicable to taxable years beginning after Dec. 31, 1981, see section 339 of Pub. L. 97-34, set out as an Effective Date of 1981 Amendment note under section 401 of this title.

Amendment by section 221(b)(2)(B) of Pub. L. 97-34 applicable to amounts paid or incurred after June 30, 1981, and before Jan. 1, 1986, see section 221(d) of Pub. L. 97-34, set out as an Effective and Termination Dates of 1981 Amendment note under section 44F of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-222 effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, Pub. L. 95-600, to which such amendment relates, see section 201 of Pub. L. 96-222, set out as a note under section 43 of this title.

EFFECTIVE Date of 1978 AMENDMENT

Section 504(c) of Pub. L. 95-600 provided that: "The amendments made by this section [amending sections 6213(b)(3), 6411(d), and 6501(m) of this title] shall apply to tentative refund claims filed on and after the date of the enactment of this Act [Nov. 6, 1978]."

EFFECTIVE DATE OF 1977 AmendmENT

Amendment by Pub. L. 95-30 applicable to taxable years beginning after Dec. 31, 1976, and to credit carrybacks from such years, see section 202(e) of Pub. L. 95-30, set out as an Effective Date note under section 44B of this title.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-178 applicable to taxable years beginning after Dec. 31, 1971, see section 601(f) of Pub. L. 92-178, set out as an Effective Date note under section 50A of this title.

EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-172 applicable with respect to net capital losses sustained in taxable years beginning after Dec. 31, 1969, see section 512(g) of Pub. L. 91-172, set out as a note under section 1212 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-225 applicable with respect to investment credit carrybacks attributable to net operating loss carrybacks from taxable years ending after July 31, 1967, see section 2(g) of Pub. L. 90-225, set out as a note under section 46 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Section 2(g) of Pub. L. 89-721 provided that: "The amendments made by this section [amending sections 6411(a), (b) and (c) and 6501(j) of this title] shall apply with respect to taxable years ending after December 31, 1961, but only in the case of applications

filed after the date of the enactment of this Act [Nov. 2, 1966]. The period of 12 months referred to in the second sentence of section 6411(a) of the Internal Revenue Code of 1954 (as amended by this section) for filing an application for a tentative carryback adjustment of tax attributable to the carryback of any unused investment credit shall not expire before the close of December 31, 1966."

CROSS REFERENCES

Extension of time for payment of taxes by corporations expecting net operating loss carrybacks, see section 6164 of this title.

Limitations on credit or refund, see section 6511 of this title.

Restrictions applicable to deficiencies; petition to Tax Court, see section 6213 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6040, 6164, 6213, 6405, 6501, 6511, 6515 of this title.

§ 6412. Floor stocks refunds (a) In general

(1) Trucks, tires, tubes, tread rubber, and gasoline

an

Where before October 1, 1988, any article subject to the tax imposed by section 4061(a)(1), 4071(a)(1), (3), or (4), or 4081 has been sold by the manufacturer, producer, or importer and on such date is held by a dealer and has not been used and is intended for sale (or, in the case of tread rubber, is intended for sale or is held for use), there shall be credited or refunded (without interest) to the manufacturer, producer, or importer amount equal to the difference between the tax paid by such manufacturer, producer, or importer on his sale of the article and the amount of tax made applicable to such article on and after October 1, 1988, if claim for such credit or refund is filed with the Secretary on or before March 31, 1989, based upon a request submitted to the manufacturer, producer, or importer before January 1, 1989, by the dealer who held the article in respect of which the credit or refund is claimed, and, on or before March 31, 1989, reimbursement has been made to such dealer by such manufacturer, producer, or importer for the tax reduction on such article or written consent has been obtained from such dealer to allowance of such credit or refund. No credit or refund shall be allowable under this paragraph with respect to gasoline in retail stocks held at the place where intended to be sold at retail, nor with respect to gasoline held for sale by a producer or importer of gasoline. No credit or refund shall be allowable under this paragraph with respect to inner tubes for bicycle tires (as defined in section 4221(e)(4)(B)). (2) Definitions

For purposes of this section

(A) The term "dealer" includes a wholesaler, jobber, distributor, or retailer, or, in the case of tread rubber subject to tax under section 4071(a)(4), includes any person (other than the manufacturer, producer, or importer thereof) who holds such tread rubber for sale or use.

(B) An article shall be considered as "held by a dealer" if title thereto has passed to

such dealer (whether or not delivery to him has been made), and if for purposes of consumption title to such article or possession thereof has not at any time been transferred to any person other than a dealer.

(b) Limitation on eligibility for credit or refund

No manufacturer, producer, or importer shall be entitled to credit or refund under subsection (a) unless he has in his possession such evidence of the inventories with respect to which the credit or refund is claimed as may be required by regulations prescribed under this section.

(c) Other laws applicable

All provisions of law, including penalties, applicable in respect of the taxes imposed by sections 4061, 4071, and 4081 shall, insofar as applicable and not inconsistent with subsections (a) and (b) of this section, apply in respect of the credits and refunds provided for in subsection (a) to the same extent as if such credits or refunds constituted overpayments of such taxes.

(Aug. 16, 1954, ch. 736, 68A Stat. 795; Mar. 30, 1955, ch. 18, § 3(b)(4), 69 Stat. 15; Mar. 29, 1956, ch. 115, § 3(b)(4), 70 Stat. 67; May 29, 1956, ch. 342, § 19, 70 Stat. 221; June 29, 1956, ch. 462, title II, § 208(a), 70 Stat. 392; Mar. 29, 1957, Pub. L. 85-12, § 3(b)(4), 71 Stat. 10; June 30, 1958, Pub. L. 85-475, § 3(b)(4), 72 Stat. 260; Sept. 2, 1958, Pub. L. 85-859, title I, § 162(a), 72 Stat. 1306; June 30, 1959, Pub. L. 86-75, § 3(b)(3), 73 Stat. 158; Sept. 21, 1959, Pub. L. 86-342, title II, § 201(c)(4), 73 Stat. 614; June 30, 1960, Pub. L. 86-564, title II, § 202(b)(3), 74 Stat. 291; July 6, 1960, Pub. L. 86-592, § 2, 74 Stat. 330; Mar. 31, 1961, Pub. L. 87-15, § 2(b), 75 Stat. 40; June 29, 1961, Pub. L. 87-61, title II, § 206 (c), (d), 75 Stat. 127; June 30, 1961, Pub. L. 87-72, § 3(b)(3), 75 Stat. 193; May 24, 1962, Pub. L. 87-456, title III, § 302(d), 76 Stat. 77; June 28, 1962, Pub. L. 87-508, § 3(b)(3), 76 Stat. 114; July 13, 1962, Pub. L. 87-535, § 18(b), 76 Stat. 166; June 29, 1963, Pub. L. 88-52, § 3(b)(1)(C), 77 Stat. 72; June 30, 1964, Pub. L. 88-348, § 2(b)(1)(C), 78 Stat. 237; June 21, 1965, Pub. L. 89-44, title II, § 209(a), (d), 79 Stat. 141, 144; Mar. 15, 1966, Pub. L. 89-368, title II, § 201(b), 80 Stat. 66; Apr. 12, 1968, Pub. L. 90-285, § 1(a)(2), 82 Stat. 92; June 28, 1968, Pub. L. 90-364, title I, § 105(a)(2), 82 Stat. 265; Dec. 30, 1969, Pub. L. 91-172, title VII, § 702(a)(2), 83 Stat. 660; Dec. 31, 1970, Pub. L. 91-605, title III, § 303(b), 84 Stat. 1744; Dec. 31, 1970. Pub. L. 91-614, title II, § 201(a)(2), 84 Stat. 1843; Dec. 10, 1971, Pub. L. 92-178, title IV, § 401(g)(5), 85 Stat. 533; May 5, 1976, Pub. L. 94-280, title III, § 303(b), 90 Stat. 457; Oct. 4, 1976, Pub. L. 94-455, title XIX, § 1906(a)(22), (b)(13)(A), 90 Stat. 1826, 1834; Nov. 6, 1978, Pub. L. 95-599, title V, § 502(c), 92 Stat. 2757; Nov. 9, 1978, Pub. L. 95-618, title II, § 231(f)(1), 92 Stat. 3189; Jan. 6, 1983, Pub. L. 97-424, title V, § 516(a)(5), 96 Stat. 2183.)

AMENDMENTS

1983-Subsec. (a)(1). Pub. L. 97-424, § 516(a)(5), substituted "1989" for "1985" and "1988" for "1984", wherever appearing.

1978-Subsec. (a)(1). Pub. L. 95-618 in par. heading struck out "and buses" following "Trucks".

Pub. L. 95-599 substituted "1984" for "1979" and "1985" for "1980" wherever appearing.

. 1976-Subsec. (a)(1). Pub. L. 94-455, § 1906(a)(22), (b)(13)(A), redesignated par. (2) as (1) and struck out "or his delegate" following "Secretary". Prior par. (1) had been repealed by Pub. L. 92-178, title IV, § 401(g)(5), Dec. 10, 1971, 85 Stat. 533.

Subsec. (a)(2). Pub. L. 94-455, § 1906(a)(22), redesignated par. (4) as (2). Former par. (2) redesignated (1). Pub. L. 94-280 substituted "1979" for "1977" in two places and "1980" for "1978" in three places, respectively.

Subsec. (a)(4). Pub. L. 94-455, § 1906(a)(22), redesignated par. (4) as (2).

1971-Subsec. (a)(1). Pub. L. 92-178 struck out par. (1), which related to general rule for floor stocks refunds on passenger automobiles, etc.

1970-Subsec. (a)(1). Pub. L. 91-614 substituted "January 1 of 1973, 1974, 1978, 1979, 1980, 1981, or 1982" for "January 1, 1971, January 1, 1972, January 1, 1973, or January 1, 1974".

Subsec. (a)(2). Pub. L. 91-605 substituted in two places "1977" for "1972" and "March 31, 1978" for "February 10, 1973", and substituted "January 1, 1978" for "January 1, 1973".

1969-Subsec. (a)(1). Pub. L. 91-172 struck out reference to Jan. 1, 1970 and added reference to Jan. 1, 1974.

1968-Subsec. (a)(1). Pub. L. 90-364 substituted "January 1, 1970, January 1, 1971, January 1, 1972, or January 1, 1973," for "May 1, 1968, or January 1, 1969,".

Pub. L. 90-285 substituted "May 1, 1968" for "April 1, 1968".

1966-Subsec. (a)(1). Pub. L. 89-368 substituted "January 1, 1966, April 1, 1968, or January 1, 1969," for "January 1, 1966, 1967, 1968, or 1969,".

1965-Subsec. (a)(1). Pub. L. 89-44, § 209(a), made floor stock refunds available with respect to passenger cars in dealers' inventories on the various reduction dates for the passenger car tax and required claims for credit or refund to be filed on or before the 10th day of the 8th calendar month beginning after the date of the tax reduction.

Subsec. (e). Pub. L. 89-44, § 209(d), repealed subsec. (e), which related to cross reference.

1964-Subsec. (a)(1). Pub. L. 88-348 substituted "July 1, 1965" for "July 1, 1964" in two places, "October 1, 1965" for "October 1, 1964", and "November 10, 1965" for "November 10, 1964" in two places.

1963-Subsec. (a)(1). Pub. L. 88-52 substituted "July 1, 1964" for "July 1, 1963", in two places, "October 1, 1964" for "October 1, 1963”, and “November 10, 1964" for "November 10, 1963" in two places.

1962-Subsec. (a)(1). Pub. L. 87-508 substituted "July 1, 1963" for "July 1, 1962" in two places, "October 1, 1963" for "October 1, 1962", and "November 10, 1963" for "November 10, 1962" in two places.

Subsec. (d). Pub. L. 87-456 repealed subsec. (d) which related to floor stock refunds with respect to any sugar or articles composed in chief value of sugar.

Pub. L. 87-535 substituted "June 30, 1967" for "December 31, 1962" following "paid and which, on", and "September 30, 1967" for "March 31, 1963" following "delegate on or before".

1961-Subsec. (a)(1). Pub. L. 87-72 substituted "July 1, 1962" for "July 1, 1961" in two places, "October 1, 1962" for "October 1, 1961", and "November 10, 1962" for "November 10, 1961" in two places.

Subsec. (a)(2). Pub. L. 87-61, § 206(c), included tubes in the heading of the subsection, authorized credit or refund for articles subject to the tax imposed by section 4071(a)(3), prohibited credit or refund with respect to inner tubes for bicycle tires, and substituted "October 1, 1972" for "July 1, 1972" in two instances, "February 10, 1973" for "November 10, 1972" in two instances, and "January 1, 1973" for "October 1, 1972".

Subsec. (a)(3). Pub. L. 87-61, § 206(d), repealed par. (3) which related to 1961 floor stocks refund on gasoline.

Subsec. (d). Pub. L. 87-15 substituted "December 31, 1962" for "September 30, 1961" following "paid and which, on", and "March 31, 1963" for "September 30, 1961" following "delegate on or before".

1960-Subsec. (a)(1). Pub. L. 86-564 substituted "July 1, 1961" for "July 1, 1960" in two places, "October 1, 1961" for "October 1, 1960", and "November 10, 1961" for "November 10, 1960" in two places.

Subsec. (d). Pub. L. 86-592 substituted "September 30, 1961" for "June 30, 1961" following "and which, on".

1959-Subsec. (a)(1). Pub. L. 86-75 substituted "July 1, 1960" for "July 1, 1959" in two places, "October 1, 1960" for "October 1, 1959" and "November 10, 1960" for "November 10, 1959" in two places.

Subsec. (a)(3), (4). Pub. L. 86-342 added par. (3) and redesignated former par. (3) as (4).

substituted

1958-Subsec. (a)(1). Pub. L. 85-475 "July 1, 1959" for "July 1, 1958" in two places, "October 1, 1959" for "October 1, 1958", and "November 10, 1959" for "November 10, 1958" in two places.

Subsec. (d). Pub. L. 85-859 required the filing of claims for refund on or before Sept. 30, 1961.

1957-Subsec. (a)(1). Pub. L. 85-12, substituted "July 1, 1958" for "April 1, 1957" in two places, "October 1, 1958" for "July 1, 1957", and "November 10, 1958" for "August 10, 1957” in two places.

1956-Subsec. (a). Act June 29, 1956, in par. (1), substituted "April 1, 1957" for "April 1, 1956" in two instances, "section 4061(a)(2)" for "section 4061 (a) or (b)", and inserted provisions requiring claims for refund to be made on or before August 10, 1957, added provisions relating to trucks and buses, tires, tread rubber, and gasoline as par. (2), defined "dealer" in the case of tread rubber subject to tax under section 4071(a)(4) of this title in par. (3), and eliminated pars. (4) and (5). Former par. (4) which related to reimbursement of dealers was covered generally by pars. (1) and (2). Former par. (5) was covered by subsec. (b). Act Mar. 29, 1956, substituted "April 1, 1957" for "April 1, 1956" in two places, and "July 1, 1957" for "July 1, 1956".

Subsec. (b). Act June 29, 1956, redesignated par. (5) of subsec. (a) as subsec. (b) and substituted "manufacturer, producer, or importer" for "person", and eliminated provisions that required claims for credit or refund to be filed before July 1, 1956. Former subsec. (b) was covered by par. (2) of subsec. (a).

Act Mar. 29, 1956, substituted "April 1, 1957" for "April 1, 1956" in three places, and "July 1, 1957" for "July 1, 1956".

Subsec. (c). Act June 29, 1956, included taxes imposed by section 4071 of this title.

Subsec. (d). Act May 29, 1956, substituted "1961" for "1957".

1955-Subsec. (a). Act Mar. 30, 1955, substituted "April 1, 1956" for "April 1, 1955" in two places, and "July 1, 1956" for "July 1, 1955".

Subsec. (b). Act Mar. 30, 1955, substituted "April 1, 1956" for "April 1, 1955" in three places, and "July 1, 1956" for "July 1, 1955".

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-618 applicable with respect to articles sold after Nov. 9, 1978, see section 231(g) of Pub. L. 95-618, set out as a note under section 4063 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-178 applicable with respect to articles sold on or after the day after Dec. 10, 1971, see section 401(h)(1) of Pub. L. 92-178, set out as a note under section 4061 of this title.

EFFECTIVE DATE OF 1968 Amendments

Amendment by Pub. L. 90-364 effective Apr. 30, 1968, see section 105(c) of Pub. 1. 90-364, set out as a note under section 4061 of this title.

Amendment by Pub. L. 90-285 effective Mar. 31, 1968, see section 1(b) of Pub. L. 90-285, set out as a note under section 4061 of this title.

EFFECTIVE DATE OF 1965 AmendmenT Amendment by Pub. L. 89-44 to take effect on June 22, 1965, see section 701(a) of Pub. L. 89-44, set out as a note under section 4061 of this title.

EFFECTIVE DATE OF 1962 AmendmenTS Amendment by Pub. L. 87-535 effective Jan. 1, 1962, see section 19(a) of Pub. L. 87-535.

Repeal of subsec. (d) effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501(a) of Pub. L. 87-456, set out as an Effective Date note preceding section 1202 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment of subsecs. (a)(2), (3) by Pub. L. 87-61 effective June 29, 1961, see section 208 of Pub. L. 87-61, set out as a note under section 4041 of this title.

EFFECTIVE Date of 1958 Amendment

Amendment by Pub. L. 85-859 effective on the first day of the first calendar quarter which begins more than 60 days after Sept. 2, 1958, see section 1(c) of Pub. L. 85-859.

EFFECTIVE DATE OF 1956 AMENDMENTS Amendment by act June 29, 1956, effective June 29, 1956, see section 211 of act June 29, 1956, set out as a note under section 4041 of this title.

Amendment by act May 29, 1956, effective as of Jan. 1, 1956, see section 22 of act May 29, 1956.

FLOOR STOCK REFUNDS

Section 209(b) of Pub. L. 89-44 provided that where any article subject to taxes under sections 4111, 4121, 4141, 4151, 4161, 4191 or 4451 of this title before June 21, 1965, or subject to taxes under sections 4061(b), 4091(1), or 4131 of this title before Jan. 1, 1966, had been sold by the manufacturer, importer or producer and on such date held by the dealer and not used, there was to be credited or refunded to the manufacturer, importer or producer an amount equal to the difference between the tax paid by him on his sale of the article and the amount of tax made applicable to the article on such date where certain conditions were satisfactorily met.

EXTENSION OF TIME FOR FILING CLAIMS FOR FLOOR STOCKS REFUNDS

Pub. L. 91-642, § 1, Dec. 31, 1970, 84 Stat. 1880, provided that if a claim for credit or refund was filed by a manufacturer, importer or producer on or before the 90th day after Dec. 31, 1970, such filing was deemed to have satisfied the requirements of section 209(b)(1)(A) of Pub. L. 89-44 for filing on or before Feb. 10, 1966, or Aug. 10, 1966.

REFUNDS RESPECTING CONSUMER PURCHASES Section 209(c) of Pub. L. 89-44 provided that if after May 14, 1965, but before June 21, 1965, a new automotive item subject to the tax imposed by section 4061(a)(2) of this title, or a new self-contained air-conditioning unit subject to the tax imposed by section 4111 of this title, had been sold to an ultimate purchaser, there was to be credited or refunded to the manufacturer, producer, or importer an amount equal to the difference between the tax paid by the manufacturer, producer, or importer on his sale of the article and the tax made applicable to the article on such date if certain conditions were met.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6511, 6612, 9503 of this title; title 16 section 4601-11; title 42 section 430.

§ 6413. Special rules applicable to certain employment

taxes

(a) Adjustment of tax

(1) General rule

If more than the correct amount of tax imposed by section 3101, 3111, 3201, 3221, or 3402 is paid with respect to any payment of remuneration, proper adjustments, with respect to both the tax and the amount to be deducted, shall be made, without interest, in such manner and at such times as the Secretary may by regulations prescribe.

(2) United States as employer

For purposes of this subsection, in the case of remuneration received from the United States or a wholly-owned instrumentality thereof during any calendar year, each head of a Federal agency or instrumentality who makes a return pursuant to section 3122 and each agent, designated by the head of a Federal agency or instrumentality, who makes a return pursuant to such section shall be deemed a separate employer.

(3) Guam or American Samoa as employer

For purposes of this subsection, in the case of remuneration received during any calendar year from the Government of Guam, the Government of American Samoa, a political subdivision of either, or any instrumentality of any one or more of the foregoing which is wholly owned thereby, the Governor of Guam, the Governor of American Samoa, and each agent designated by either who makes a return pursuant to section 3125 shall be deemed a separate employer.

(4) District of Columbia as employer

For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Mayor of the District of Columbia and each agent designated by him who makes a return pursuant to section 3125 shall be deemed a separate employer.

(b) Overpayments of certain employment taxes

If more than the correct amount of tax imposed by section 3101, 3111, 3201, 3221, or 3402 is paid or deducted with respect to any payment of remuneration and the overpayment cannot be adjusted under subsection (a) of this section, the amount of the overpayment shall be refunded in such manner and at such times (subject to the statute of limitations properly applicable thereto) as the Secretary may by regulations prescribe.

(c) Special refunds

(1) In general

If by reason of an employee receiving wages from more than one employer during a calendar year the wages received by him during