[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: 26CFR301.6511(b)-1]

[Page 378-379]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                               Limitations
 
Sec. 301.6511(b)-1  Limitations on allowance of credits and refunds.

    (a) Effect of filing claim. Unless a claim for credit or refund of 
an overpayment is filed within the period of limitation prescribed in 
section 6511(a), no credit or refund shall be allowed or made after the 
expiration of such period.
    (b) Limit on amount to be credited or refunded. (1) In the case of 
any tax (other than a tax payable by stamp):
    (i) If a return was filed, and a claim is filed within 3 years from 
the time the return was filed, the amount of the credit or refund shall 
not exceed the portion of the tax paid within the period, immediately 
preceding the filing of the claim, equal to 3 years plus the period of 
any extension of time for filing the return.
    (ii) If a return was filed, and a claim is filed after the 3-year 
period described in subdivision (i) of this subparagraph but within 2 
years from the time the tax was paid, the amount of the credit or refund 
shall not exceed the portion of the tax paid within the 2 years 
immediately preceding the filing of the claim.
    (iii) If no return was filed, but a claim is filed, the amount of 
the credit or refund shall not exceed the portion of the tax paid within 
the 2 years immediately preceding the filing of the claim.
    (iv) If no claim is filed, the amount of the credit or refund 
allowed or made by the district director or the director of the regional 
service center shall not exceed the amount that would have been 
allowable under the preceding subdivisions of this subparagraph if a 
claim had been filed on the date the credit or refund is allowed.
    (2) In the case of a tax payable by stamp:
    (i) If a claim is filed, the amount of the credit or refund shall 
not exceed the portion of the tax paid within the

[[Page 379]]

3 years immediately preceding the filing of the claim.
    (ii) If no claim is filed, the amount of the credit or refund 
allowed or made by the district director or the director of the regional 
service center shall not exceed the portion of the tax paid within the 3 
years immediately preceding the allowance of the credit or refund.

For provisions relating to redemption of unused stamps, see section 
6805.