[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: 26CFR301.6512-1]

[Page 385-386]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                               Limitations
 
Sec. 301.6512-1  Limitations in case of petition to Tax Court.

    (a) Effect of petition to Tax Court--(1) General rule. If a person 
having a right to file a petition with the Tax Court with respect to a 
deficiency in income, estate, gift, or excise tax imposed by subtitle A 
or B, or chapter 41, 42, 43, or 44 of the Code has filed such petition 
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 calendar quarter, of estate tax in respect of the taxable estate 
of the same decedent, or of tax imposed by chapter 41, 42, 43, or 44 
with respect to any act (or failure to act) to which such petition 
relates, in respect of which a district director or director of a 
service center (or a regional director of appeals) has

[[Page 386]]

determined the deficiency, shall be allowed or made, and no suit in any 
court for the recovery of any part of such tax shall be instituted by 
the taxpayer, except as to items set forth in paragraph (a)(2) of this 
section.
    (2) Exceptions. The exceptions to the rule stated in subparagraph 
(1) of this paragraph (a), are as follows:
    (i) An overpayment determined by a decision of the Tax Court which 
has become final;
    (ii) Any amount collected in excess of an amount computed in 
accordance with the decision of the Tax Court which has become final; 
and
    (iii) Any amount collected after the expiration of the period of 
limitation upon levying or beginning a proceeding in court for 
collection.
    (b) Overpayment determined by Tax Court. 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 calendar quarter, of estate tax in respect of the 
taxable estate of the same decedent, or of tax imposed by chapter 41, 
42, 43, or 44 with respect to any act (or failure to act) to which such 
petition relates, in respect of which a district director, or director 
of a service center (or a regional director of appeals) has determined 
the deficiency, or finds that there is a deficiency but that the 
taxpayer has made an overpayment of such tax, the overpayment determined 
by the Tax Court shall be credited or refunded to the taxpayer when the 
decision of the Tax Court has become final. (See section 7481, relating 
to the date when a Tax Court decision becomes final.) 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--
    (1) After the mailing of the notice of deficiency, or
    (2) Within the period which would be applicable under section 
6511(b)(2), (c), (d) or (g) (see Sec. Sec. 301.6511(b)-1. 301.6511(c)-
1, 301.6511(d)-1, 301.6511(d)-2, and 301.6511(d)-3), 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.
    (c) Jeopardy assessments. In the case of a jeopardy assessment made 
under section 6861(a), if the amount which should have been assessed as 
determined by a decision of the Tax Court which has become final is less 
than the amount already collected, the excess payment shall be credited 
or refunded subject to a determination being made by the Tax Court with 
respect to the time of payment as stated in paragraph (b) of this 
section.
    (d) Disallowance of deficiency by reviewing court. If the amount of 
the deficiency determined by the Tax Court (in a case where collection 
has not been stayed by the filing of a bond) is disallowed in whole or 
in part by the reviewing court, then the overpayment resulting from such 
disallowance shall be credited or refunded without the making of claim 
therefor, subject to a determination being made by the Tax Court with 
respect to the time of payment as stated in paragraph (b) of this 
section. (See section 7481, relating to date Tax Court decision becomes 
final.)
    (e) Collection in excess of amount determined by Tax Court. Where 
the amount collected is in excess of the amount computed in accordance 
with the decision of the Tax Court which has become final, the excess 
payment shall be credited or refunded within the period of limitation 
provided in section 6511.
    (f) Collection after expiration of statutory period. Where an amount 
is collected after the statutory period of limitation upon the beginning 
of levy or a proceeding in court for collection has expired (see section 
6502, relating to collection after assessment), the taxpayer may file a 
claim for refund of the amount so collected within the period of 
limitation provided in section 6511. In any such case, the decision of 
the Tax Court as to whether the statutory period upon collection of the 
tax expired before notice of the deficiency was mailed shall, when the 
decision becomes final, be conclusive.

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7838, 47 FR 44252, Oct. 
7, 1982]

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