Periods of Limitation on Suits (Barred v. Not Barred)

ID:
UILC:
CCA_2019061716373457
6532.00-00, 6514.00-00
Number: 201927020
Release Date: 7/5/2019
From:
Sent: Monday, June 17, 2019 4:37:34 PM
To:
Cc:
Bcc:
Subject: RE: Chief Counsel Advice - POSTN-138440-10
Hi ---
The refund is barred.
Assuming there is no waiver/extension of period of limitation for filing suit, a taxpayer has two years from the issuance of the Notice of Disallowance to file suit to challenge the disallowance of the claim (on whatever grounds). I.R.C. § 6532. If the taxpayer did not file suit before the two-year period elapsed, I.R.C. § 6514 prohibits the refund or credit of the claimed overpayment.
Where the IRS had already refunded the overpayment, it’s treated as an erroneous refund.
I.R.C. § 6511, which addresses limitations on claims, is not the statute that is barring the refund.
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