period shall not expire before the expiration of the 12th month following the month in which the agreement or order for the elimination of such excessive profits becomes final. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to such carryback.

(B) Applicable rules.—

(i) If the allowance of a credit or refund of an overpayment of tax attributable to a net operating loss carryback or a capital loss carryback is otherwise prevented by the operation of any law or rule of law other than section 7122, relating to compromises, such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subparagraph (A) of this paragraph. If the allowance of an application, credit, or refund of a decrease in tax determined under section 6411(b) is otherwise prevented by the operation of any law or rule of law other than section 7122, such application, credit, or refund may be allowed or made if application for a tentative carryback adjustment is made within the period provided in section 6411(a). In the case of any such claim for credit or refund or any such application for a tentative carryback adjustment, the determination by any court, including the Tax Court, in any proceeding in which the decision of the court has become final, shall be conclusive except with respect to the net operating loss deduction, and the effect of such deduction, or with respect to the determination of a short-term capital loss, and the effect of such short-term capital loss, to the extent that such deduction or short-term capital loss is affected by a carryback which was not an issue in such proceeding.

(ii) A claim for credit or refund for a computation year (as defined in section 1302(c)(1)) shall be determined to relate to an overpayment attributable to a net operating loss carryback or a capital loss carryback, as the case may be, when such carryback relates to any base period year (as defined in section 1302(c)(3)).

(3) SPECIAL RULES RELATING TO FOREIGN TAX CREDIT.—

(A) Special period of limitation with respect to foreign taxes paid or accrued.—If the claim for credit or refund relates to an overpayment attributable to any taxes paid or accrued to any foreign country or to any possession of the United States for which credit is allowed against the tax imposed by subtitle A in accordance with the provisions of section 901 or the provisions of any treaty to which the United States is a party, in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be 10 years from the date prescribed by

law for filing the return for the year with respect to which the claim is made.

(B) Exception in the case of foreign taxes paid or accrued.-In the case of a claim described in subparagraph (A), the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b) or (c), whichever is applicable, to the extent of the amount of overpayment attributable to the allowance of a credit for the taxes described in subparagraph (A).

(4) Special period of limitation with respect to certain credit carrybacks.

(A) Period of limitation.—If the claim for credit or refund relates to an overpayment attributable to a credit carryback, in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be that period which ends 3 years after the time prescribed by law for filing the return (including extensions thereof) for the taxable year of the unused credit which results in such carryback (or, with respect to any portion of a credit carryback from a taxable year attributable to a net operating loss carryback, capital loss carryback, or other credit carryback from a subsequent taxable year, the period shall be that period which ends 3 years after the time prescribed by law for filing the return, including extensions thereof, for such subsequent taxable year) or the period prescribed in subsection (c) in respect of such taxable year, whichever expires later. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to such carryback.

(B) Applicable rules.-If the allowance of a credit or refund of an overpayment of tax attributable to a credit carryback is otherwise prevented by the operation of any law or rule of law other than section 7122, relating to compromises, such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subparagraph (A) of this paragraph. In the case of any such claim for credit or refund, the determination by any court, including the Tax Court, in any proceeding in which the decision of the court has become final, shall not be conclusive with respect to any credit, and the effect of such credit, to the extent that such credit is affected by a credit carryback which was not in issue in such proceeding.

(C) Credit carry back defined.-For purposes of this paragraph, the term "credit carryback" means any investment credit carryback, work incentive program credit carryback,

new employee credit carryback, research credit carryback, and employee stock ownership credit carryback.

(5) Special period of limitation with respect to self-employment tax in certain cases.-If the claim for credit or refund relates to an overpayment of the tax imposed by chapter 2 (relating to the tax on self-employment income) attributable to an agreement, or modification of an agreement, made pursuant to section 218 of the Social Security Act (relating to coverage of State and local employees), and if the allowance of a credit or refund of such overpayment is otherwise prevented by the operation of any law or rule of law other than section 7122 (relating to compromises), such credit or refund may be allowed or made if claim therefor is filed on or before the last day of the second year after the calendar year in which such agreement (or modification) is agreed to by the State and the Secretary of Health, Education, and Welfare.

(6) SPECIAL PERIOD OF LIMITATION WITH RESPECT TO REDUC

TION OF POLICYHOLDERS SURPLUS ACCOUNT OF LIFE INSURANCE COMPANIES.—

(A) Period of limitation.-If the claim for credit or refund relates to an overpayment arising by operation of section 815(d)(5) (relating to reduction of policyholders surplus account of life insurance companies for certain unused deductions), in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be that period which ends with the expiration of the 15th day of the 39th month following the end of the last taxable year to which the loss described in section 815(d)(5)(A) is carried under section 812(b)(2), or the period prescribed in subsection (c), in respect of such taxable year, whichever expires later. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c), whichever is applicable to the extent of the amount of overpayment arising by operation of section 815(d)(5).

(B) Applicable rules.—If the allowance of a credit or refund of an overpayment arising by operation of section 815(d)(5) is otherwise prevented by operation of any law or rule of law, other than section 7122 (relating to compromises), such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subparagraph (A) of this paragraph. In the case of any such claim for credit or refund, the determination by any court, including the Tax Court, in any proceeding in which the decision of the court has become final, shall be conclusive except with respect to the effect of the operation of section 815(d)(5), to the extent such effect of the operation of section 815(d)(5) was not in issue in such proceeding.

(7) Special period of limitation with respect to amounts included in income subsequently recaptured under qualified plan termination.—If the claim for credit or refund relates to an overpayment of tax imposed by subtitle A on account of the recapture, under section 4045 of the Employee Retirement Income Security Act of 1974, of amounts included in income for a prior taxable year, the 3-year period of limitation prescribed in subsection (a) shall be extended, for purposes of permitting a credit or refund of the amount of the recapture, until the date which occurs one year after the date on which such recaptured amount is paid by the taxpayer.

(e) Special rules in case of manufactured sugar

(1) Use as LiVESTOCK FEED OR FOR DISTILLATION OR PRODUCTION OF ALCOHOL.-No payment shall be allowed under section 6418(a) unless within 2 years after the right to such payment has accrued a claim therefor is filed by the person entitled thereto.

(2) EXPORTATION.-No payment shall be allowed under section 6418(b) unless within 2 years after the right to such payment has accrued a claim therefor is filed by the person entitled thereto. (f) Special rule for chapter 42 and certain chapter 43 taxes.-For purposes of any tax imposed by chapter 42 or section 4975, the return referred to in subsection (a) shall be the return specified in section 6501(n)(1).

(g) Special rule for claims with respect to partnership items.—In the case of any tax imposed by subtitle A with respect to any person which is attributable to any partnership item (as defined in section 6231(a)(3)), the provisions of section 6227 and subsections (c) and (d) of section 6230 shall apply in lieu of the provisions of this subchapter.

(h) Special rules for windfall profit taxes.—

(1) Oil subject to withholding.-In the case of any oil to which section 4995(a) applies and with respect to which no return is required, the return referred to in subsection (a) shall be the return (of the person liable for the tax imposed by section 4986) of the taxes imposed by subtitle A for the taxable year in which the removal year (as defined in section 6501(q)(1)(B)) ends.

(2) Special rule for DOE reclassification.—In the case of any tax imposed by chapter 45, if a Department of Energy change (as defined in section 6501(q)(2)(B)) becomes final, the period for filing a claim for credit or refund for any overpayment attributable to such change shall not expire before the date which is 1 year after the date on which such change becomes final.

(3) Partnership items of federally registered partnerships.-Under regulations prescribed by the Secretary, rules similar to the rules of subsection (g) shall apply to the tax imposed by section 4986. (i) Special rule for certain tread rubber tax credits or refunds.-The period for allowing a credit or making a refund of any overpayment of

tax arising by reason of subparagraph (G)(iii) of section 6416(b)(2) with respect to any adjustment of sales price of a tire pursuant to a warranty or guarantee shall not expire if claim therefor is filed before the date which is one year after the day on which such adjustment is made. (j) Cross references.

(1) For time return deemed filed and tax considered paid, see section 6513.

(2) For limitations with respect to certain credits against estate tax, see sections 2011(c), 2014(b), and 2015.

(3) For limitations in case of floor stocks refunds, see section 6412.

(7) For a period of limitations for refund of an overpayment of penalties imposed under section 6694 or 6695, see section. 6696(d)(2).

(Aug. 16, 1954, c. 736, 68A Stat. 808; Apr. 2, 1956, c. 160, § 4(e), 70 Stat. 91; June 29, 1956, c. 462, Title II, § 208(e)(6), 70 Stat. 397; Sept. 2, 1958, Pub. L. 85-866, Title I, § 82, 72 Stat. 1663; Sept. 16, 1959, Pub. L. 86-280, § 1(a), 73 Stat. 563; Oct. 11, 1962, Pub. L. 87-794, Title III, § 317(d), 76 Stat. 891; Oct. 16, 1962, Pub. L. 87-834, § 2(e)(2), 76 Stat. 971; Feb. 26, 1964, Pub. L. 88-272, Title II, §§ 232(d), 239, 78 Stat. 111, 128; Sept. 2, 1964, Pub. L. 88-571, § 3(c), 78 Stat. 858; Nov. 8, 1965, Pub. L. 89-331, § 9(c), 79 Stat. 1278; Dec. 27, 1967, Pub. L. 90-225, § 2(d), 81 Stat. 731; Dec. 30, 1969, Pub. L. 91-172, Title I, § 101(h), Title III, § 311(d)(3), Title V, § 512(e)(2), 83 Stat. 525, 588, 640; Dec. 10, 1971, Pub. L. 92-178, Title VI, § 601(d)(2), 85 Stat. 558; Sept. 2, 1974, Pub. L. 93-406, Title IV, § 4401(b), formerly § 4081(b), 88 Stat. 1034, as renumbered Sept. 26, 1980, Pub. L. 96-364, Title I, § 108(a), 94 Stat. 1267; Oct. 4, 1976, Pub. L. 94-455, Title XII, § 1203(h)(3), Title XIX, § 1906(a)(33), Title XXI, § 2107(g)(2)(B), 90 Stat. 1694, 1829, 1904; May 23, 1977, Pub.L. 95–30, Title II, § 202(d)(4)(B), 91 Stat. 149; Nov. 6, 1978, Pub. L. 95-600, Title II, § 212(b)(1), Title VII, § 703(p)(3), 92 Stat. 2819, 2944; Nov. 10, 1978, Pub. L. 95-628, § 8(a), (b), 92 Stat. 3630, 3631; Apr. 1, 1980, Pub.L. 96-222, Title I, §§ 102(a)(2)(B), 108(b)(1)(B), 94 Stat. 208, 226; Apr. 2, 1980, Pub. L. 96-223, Title I, § 101(g)(2), 94 Stat. 254; Dec. 24, 1980, Pub.L. 96-598, § 1(c), 94 Stat. 3486; Aug. 13, 1981, Pub.L. 97-34, Title II, § 221(b)(2)(A), Title III, § 331(d)(2)(A), 95 Stat. 247, 295; Sept. 3, 1982, Pub.L. 97-248, Title IV, § 402(e)(7), 96 Stat. 667.)

Sec. 6612. Cross references.

(c) Other restrictions on interest

For other restrictions on interest, see section 2011 (c) (relating to refunds due to credit for State taxes), 2014(e) (relating to refunds