(B) EXCEPTION IN THE CASE OF FOREIGN TAXES PAID OR ACCRUED. In the case of a claim described in subparagraph (A), the amount of the credit or refund many exceed the portion of the tax paid within the period provided in subsection (b) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to the allowance of a credit for the taxes described in subparagraph (A). (e) SPECIAL RULES IN CASE OF MANUFACTURed Sugar.— (1) USE AS LIVESTOCK FEED OR FOR DISTILLATION OF ALCOHOL.— No payment shall be allowed under section 6418 (a) unless within 2 years after the right to such payment has accrued a claim therefor is filed by the person entitled thereto. (2) EXPORTATION.-No payment shall be allowed under section 6418 (b) unless within 2 years after the right to such payment has accrued a claim therefor is filed by the person entitled thereto. (f) CROSS REFERENCES. (1) For time return deemed filed and tax considered paid, see section 6513. (2) For limitations with respect to certain credits against estate tax, see sections 2011 (c), 2014 (b), and 2015. (3) For limitations in case of floor stocks refunds, see section 6412. (4) For a period of limitations for credit or refund in the case of joint income returns after separate returns have been filed, see section 6013 (b) (3). (5) For limitations in case of payments under section 6420 (relating to gasoline used on farm), see section 6420 (b). (6) For limitations in case of payments under section 6421 (relating to gasoline used for certain nonhighway purposes or by local transit systems), see section 6421 (c). SEC. 6512. LIMITATIONS IN CASE OF PETITION TO TAX COURT. (a) EFFECT OF PETITION TO TAX COURT.-If the Secretary or his delegate has mailed to the taxpayer a notice of deficiency under section 6212 (a) (relating to deficiencies of income, estate, and gift taxes) and if the taxpayer files a petition with the Tax Court within the time prescribed in section 6213 (a), no credit or refund of income tax for the same taxable year, of gift tax for the same calendar year, or of estate tax in respect of the taxable estate of the same decedent, in respect of which the Secretary or his delegate has determined the deficiency shall be allowed or made and no suit by the taxpayer for the recovery of any part of the tax shall be instituted in any court except (1) As to overpayments determined by a decision of the Tax Court which has become final; and (2) As to any amount collected in excess of an amount computed in accordance with the decision of the Tax Court which has become final; and (3) As to any amount collected after the period of limitation upon the making of levy or beginning a proceeding in court for collection has expired; but in any such claim for credit or refund or in any such suit for refund the decision of the Tax Court which has become final, as to whether such period has expired before the notice of deficiency was mailed, shall be conclusive. (b) OVERPAYMENT DETERMINED BY TAX COURT. (1) JURISDICTION TO DETERMINE.-If the Tax Court finds that there is no deficiency and further finds that the taxpayer has made an overpayment of income tax for the same taxable year, of gift tax for the same calendar year, or of estate tax in respect of the taxable estate of the same decedent, in respect of which the Secretary or his delegate determined the deficiency, or finds that there is a deficiency but that the taxpayer has made an overpayment of such tax, the Tax Court shall have jurisdiction to determine the amount of such overpayment, and such amount shall, when the decision of the Tax Court has become final, be credited or refunded to the taxpayer. (2) LIMIT ON AMOUNT OF CREDIT OR REFUND.-No such credit or refund shall be allowed or made of any portion of the tax unless the Tax Court determines as part of its decision that such portion was paid (A) after the mailing of the notice of deficiency, or (B) within the period which would be applicable under section 6511 (b) (2), (c), or (d), if on the date of the mailing of the notice of deficiency a claim had been filed (whether or not filed) stating the grounds upon which the Tax Court finds that there is an overpayment. SEC. 6513. TIME RETURN DEEMED FILED AND TAX CONSIDERED PAID. (a) EARLY RETURN OR ADVANCE PAYMENT OF TAX.-For purposes of section 6511, any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day. For purposes of section 6511 (b) (2) and (c) and section 6512, payment of any portion of the tax made before the last day prescribed for the payment of the tax shall be considered made on such last day. For purposes of this subsection, the last day prescribed for filing the return or paying the tax shall be determined without regard to any extension of time granted the taxpayer and without regard to any election to pay the tax in installments. (b) PREPAID INCOME TAX.-For purposes of section 6511 or 6512, any tax actually deducted and withheld at the source during any calendar year under chapter 24 shall, in respect of the recipient of the income, be deemed to have been paid by him on the 15th day of the fourth month following the close of his taxable year with respect to which such tax is allowable as a credit under section 31. For purposes of section 6511 or 6512, any amount paid as estimated income tax for any taxable year shall be deemed to have been paid on the last day prescribed for filing the return under section 6012 for such taxable year (determined without regard to any extension of time for filing such return). (c) RETURN AND PAYMENT OF SOCIAL SECURITY TAXES AND INCOME TAX WITHHOLDING.-Nothwithstanding subsection (a), for purposes of section 6511 with respect to any tax imposed by chapter 21 or 24 (1) If a return for any period ending with or within a calendar year is filed before April 15 of the succeeding calendar year, such return shall be considered filed on April 15 of such succeeding calendar year; and (2) If a tax with respect to remuneration paid during any period ending with or within a calendar year is paid before April 15 of the succeeding calendar year, such tax shall be considered paid on April 15 of such succeeding calendar year. (d) OVERPAYMENT OF INCOME TAX CREDITED TO ESTIMATED TAX. If any overpayment of income tax is, in accordance with section 6402 (b), claimed as a credit against estimated tax for the succeeding taxable year, such amount shall be considered as a payment of the income tax for the succeeding taxable year (whether or not claimed as a credit in the return of estimated tax for such succeeding taxable year), and no claim for credit or refund of such overpayment shall be allowed for the taxable year in which the overpayment arises. SEC. 6514. CREDITS OR REFUNDS AFTER PERIOD OF LIMITATION. (a) CREDITS OR REFUNDS AFTER PERIOD OF LIMITATION.-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 (1) EXPIRATION OF PERIOD FOR FILING CLAIM.-If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or (2) DISALLOWANCE OF CLAIM AND EXPIRATION OF PERIOD FOR FILING SUIT. In the case of a claim filed within the proper time and disallowed by the Secretary or his delegate, 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. (3) RECOVERY OF ERRONEOUS REFUNDS.— For procedure by the United States to recover erroneous refunds, see sections 6532 (b) and 7405. (b) CREDIT AFTER PERIOD OF LIMITATION.-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). SEC. 6515. CROSS REFERENCES. For limitations in case of (1) Adjustments incident to involuntary liquidation of inventory, see section 1321. (2) War loss recoveries where prior benefit rule is elected, see section 1335. (3) Deficiency dividends of a personal holding company, see section 547. (4) Overpayment in certain renegotiations of war contracts, see section 1481. (5) Tentative carry-back adjustments, see section 6411. Subchapter C-Mitigation of Effect of Period of Limitations Sec. 6521. Mitigation of effect of limitation in case of related taxes under different chapters. SEC. 6521. MITIGATION OF EFFECT OF LIMITATION IN CASE OF RELATED TAXES UNDER DIFFERENT CHAPTERS. (a) SELF-EMPLOYMENT TAX AND TAX ON WAGES.-In the case of the tax imposed by chapter 2 (relating to tax on self-employment income) and the tax imposed by section 3101 (relating to tax on employees under the Federal Insurance Contributions Act) (1) If an amount is erroneously treated as self-employment income, or if an amount is erroneously treated as wages, and (2) If the correction of the error would require an assessment of one such tax and the refund or credit of the other tax, and (3) If at any time the correction of the error is authorized as to one such tax but is prevented as to the other tax by any law or rule of law (other than section 7122, relating to compromises), then, if the correction authorized is made, the amount of the assessment, or the amount of the credit or refund, as the case may be, authorized as to the one tax shall be reduced by the amount of the credit or refund, or the amount of the assessment, as the case may be, which would be required with respect to such other tax for the correction of the error if such credit or refund, or such assessment, of such other tax were not prevented by any law or rule of law (other than section 7122, relating to compromises). (b) DEFINITIONS.-For purposes of subsection (a), the terms "selfemployment income" and "wages" shall have the same meaning as when used in section 1402 (b). Subchapter D-Periods of Limitation in Judicial Proceedings Sec. 6531. Periods of limitation on criminal prosecutions. Sec. 6532. Periods of limitation on suits. Sec. 6533. Cross references. SEC. 6531. PERIODS OF LIMITATION ON CRIMINAL PROSECUTIONS. No person shall be prosecuted, tried, or punished for any of the various offenses arising under the internal revenue laws unless the indictment is found or the information instituted within 3 years next after the commission of the offense, except that the period of limitation shall be 6 years (1) for offenses involving the defrauding or attempting to defraud the United States or any agency thereof, whether by conspiracy or not, and in any manner; (2) for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof; (3) for the offense of willfully aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation under, or in connection with any matter arising under, the internal revenue laws, of a false or fraudulent return, affidavit, claim, or document (whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document); (4) for the offense of willfully failing to pay any tax, or make any return (other than a return required under authority of part III of subchapter A of chapter 61) at the time or times required by law or regulations; (5) for offenses described in sections 7206 (1) and 7207 (relating to false statements and fraudulent documents); (6) for the offense described in section 7212 (a) (relating to intimidation of officers and employees of the United States); (7) for offenses described in section 7214 (a) committed by officers and employees of the United States; and (8) for offenses arising under section 371 of Title 18 of the United States Code, where the object of the conspiracy is to attempt in any manner to evade or defeat any tax or the payment thereof. The time during which the person committing any of the various offenses arising under the internal revenue laws is outside the United States or is a fugitive from justice within the meaning of section 3290 of Title 18 of the United States Code, shall not be taken as any part of the time limited by law for the commencement of such proceedings. (The preceding sentence shall also be deemed an amendment to section 3748 (a) of the Internal Revenue Code of 1939, and shall apply in lieu of the sentence in section 3748 (a) which relates to the time during which a person committing an offense is absent from the district wherein the same is committed, except that such amendment shall apply only if the period of limitations under section 3748 would, without the application of such amendment, expire more than 3 years |