[Code of Federal Regulations]
[Title 26, Volume 16]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR44.6419-1]

[Page 43-44]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 44_TAXES ON WAGERING; EFFECTIVE JANUARY 1, 1955--Table of Contents
 
Subpart E_Administrative Provisions of Special Application to the Taxes 
                               on Wagering
 
Sec. 44.6419-1  Credit or refund generally.

    (a) Overpayment of wagering tax; in general. If a person overpays 
the tax imposed under section 4401, he may either file a claim for 
refund on Form 843 or take credit for such overpayment against the tax 
due on a subsequent monthly return. A complete statement of the facts 
involving the overpayment shall be attached either to the claim or to 
the return on which the credit is claimed. Every claim for refund shall 
be supported by evidence showing the name and address of the taxpayer, 
the date of payment of the tax, and the amount of such tax. A credit 
taken on a return shall be supported by evidence of the same character.
    (b) Statement supporting credit or refund. No credit or refund shall 
be allowed whether in pursuance of a court decision or otherwise unless 
the taxpayer files a statement explaining satisfactorily the reason for 
claiming the credit or refund and establishing (1) that he has not 
collected (whether as a

[[Page 44]]

separate charge or otherwise) the amount of the tax from the person who 
placed the wager on which the tax was imposed, or (2) that he has either 
repaid the amount of the tax to the person who placed the wager or has 
secured the written consent of such person to the allowance of the 
credit or refund. In the latter case, the written consent of the person 
who placed the wager shall accompany the statement filed with the credit 
or refund claim. The statement supporting the credit or refund claim 
shall also show whether any previous claim for credit or refund covering 
the amount involved, or any part thereof, has been filed. If the 
overpayment of tax relates to a laid-off wager accepted by the taxpayer, 
no credit or refund shall be allowed or made unless the taxpayer 
complies with the provisions of the first sentence of this paragraph, 
not only as to the person who placed the laid-off wager, but also with 
respect to the person who placed the original wager.
    (c) Limitation on credit or refund. No claim for credit or refund of 
a tax shall be allowed unless presented within the period of limitations 
prescribed in section 6511. (For regulations under section 6511, see the 
Regulations on Procedure and Administration (Part 301 of this chapter).)