Suits by taxpayers for refund
General rule
No suit or proceeding under section 7422(a) for the recovery of any internal revenue tax, penalty, or other sum, shall be begun before the expiration of 6 months from the date of filing the claim required under such section unless the Secretary renders a decision thereon within that time, nor after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates.
Extension of time
The 2-year period prescribed in paragraph (1) shall be extended for such period as may be agreed upon in writing between the taxpayer and the Secretary.
Waiver of notice of disallowance
If any person files a written waiver of the requirement that he be mailed a notice of disallowance, the 2-year period prescribed in paragraph (1) shall begin on the date such waiver is filed.
Reconsideration after mailing of notice
Any consideration, reconsideration, or action by the Secretary with respect to such claim following the mailing of a notice by certified mail or registered mail of disallowance shall not operate to extend the period within which suit may be begun.
Cross reference
section 505(a)(2) of title 11For substitution of 120-day period for the 6-month period contained in paragraph (1) in a title 11 case, see of the United States Code.
Suits by United States for recovery of erroneous refunds
Recovery of an erroneous refund by suit under section 7405 shall be allowed only if such suit is begun within 2 years after the making of such refund, except that such suit may be brought at any time within 5 years from the making of the refund if it appears that any part of the refund was induced by fraud or misrepresentation of a material fact.
Suits by persons other than taxpayers
General rule
Except as provided by paragraph (2), no suit or proceeding under section 7426 shall be begun after the expiration of 2 years from the date of the levy or agreement giving rise to such action.
Period when claim is filed
If a request is made for the return of property described in section 6343(b), the 2-year period prescribed in paragraph (1) shall be extended for a period of 12 months from the date of filing of such request or for a period of 6 months from the date of mailing by registered or certified mail by the Secretary to the person making such request of a notice of disallowance of the part of the request to which the action relates, whichever is shorter.
Aug. 16, 1954, ch. 73668A Stat. 816Pub. L. 85–866, title I, § 89(b)72 Stat. 1665Pub. L. 89–719, title I, § 110(b)80 Stat. 1144Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 96–589, § 6(d)(4)94 Stat. 3408Pub. L. 115–97, title I, § 11071(b)131 Stat. 2091(, ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 115–97, § 11071(b)(1)2017—Subsec. (c)(1). , substituted “2 years” for “9 months”.
Pub. L. 115–97, § 11071(b)(2)Subsec. (c)(2). , substituted “2-year” for “9-month”.
Pub. L. 96–5891980—Subsec. (a)(5). added par. (5).
Pub. L. 94–4551976— struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 89–7191966—Subsec. (c). added subsec. (c).
Pub. L. 85–8661958—Subsec. (a)(1), (4). inserted “certified mail or” before “registered mail” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–97section 6343(b) of this titlesection 11071 of Pub. L. 115–97section 11071(c) of Pub. L. 115–97section 6343 of this titleAmendment by applicable to levies made after , and levies made on or before , if the 9-month period has not expired under (without regard to ) as of such date, see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–589section 7(e) of Pub. L. 96–589section 108 of this titleAmendment by effective , but not applicable to proceedings under Title 11, Bankruptcy, commenced before , see , set out as a note under .
Effective Date of 1966 Amendment
Pub. L. 89–719Pub. L. 89–719section 6323 of this titleAmendment by applicable after , regardless of when title or lien of United States arose or when lien or interest of another person was acquired, with certain exceptions, see section 114(a)–(c) of , set out as a note under .
Effective Date of 1958 Amendment
Pub. L. 85–866section 89(d) of Pub. L. 85–866section 7502 of this titleAmendment by applicable only if mailing occurs after , see , set out as a note under .