[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.6401-1]

[Page 337]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                    Abatements, Credits, and Refunds
 
Sec. 301.6401-1  Amounts treated as overpayments.

                          Procedure in General


    (a) The term ``overpayment'' includes:
    (1) Any payment of any internal revenue tax which is assessed or 
collected after the expiration of the period of limitation applicable 
thereto.
    (2) Any amount allowable for a taxable year as credits under 
sections 31 (relating to tax withheld on wages), 39 (relating to certain 
uses of gasoline, special fuels, and, lubricating oil), 43 (relating to 
earned income credit), and 667(b) (relating to taxes paid by certain 
trusts) which exceeds the tax imposed by subtitle A of the Code (reduced 
by the credits allowable under subpart A of part IV of subchapter A of 
chapter 1 of the Code, other than the credits allowable under sections 
31, 39, and 43) for such year.
    (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.

[T.D. 7204, 37 FR 17158, Aug. 25, 1972, as amended by T.D. 7537, 43 FR 
13878, Apr. 3, 1978]