[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: 26CFR48.6427-4]

[Page 227]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 48_MANUFACTURERS AND RETAILERS EXCISE TAXES--Table of Contents
 
    Subpart O_Refunds and Other Administrative Provisions of Special 
            Application to Retailers and Manufacturers Taxes
 
Sec. 48.6427-4  Applicable laws.

    (a) Penalties, excessive claims, etc. All provisions of law, 
including penalties, applicable in respect of the tax imposed by section 
4041 shall, to the extent applicable and consistent with section 6427, 
apply in respect of the payments provided for in section 6427 to the 
same extent as if these payments constituted refunds of overpayments of 
the tax imposed on the sale of fuels by section 4041. For special rules 
applicable to the assessment and collection of amounts constituting 
excessive payments under section 6427, see section 6206 and the 
regulations thereunder. For the civil penalty assessable in the case of 
excessive claims under section 6427, see section 6675 and the 
regulations thereunder. For the treatment as an overpayment of an amount 
allowable as an excessive credit under section 34 with respect to 
amounts payable under section 6427, see section 6401(b).
    (b) Examination of books and witnesses. For the purpose of 
ascertaining (1) the correctness of any claim made under section 6427 or 
(2) the correctness of any credit or payment made in respect of the 
claim, the Commissioner shall have the same authority granted by 
paragraphs (1), (2), and (3) of section 7602, relating to examination of 
books and witnesses, as if the person claiming credit or payment under 
section 6427 were the person liable for tax.

[T.D. 8043, 50 FR 32049, Aug. 8, 1985]