§ 6511.
(d)
Special rules applicable to income taxes
(1)
Seven-year period of limitation with respect to bad debts and worthless securities
If the claim for credit or refund relates to an overpayment of tax imposed by subtitle A on account of—
(A)
The deductibility by the taxpayer, under section 166 or section 832(c), of a debt as a debt which became worthless, or, under section 165(g), of a loss from worthlessness of a security, or
(B)
The effect that the deductibility of a debt or loss described in subparagraph (A) has on the application to the taxpayer of a carryover,
in lieu of the 3-year period of limitation prescribed in subsection (a), the period shall be 7 years from the date prescribed by law for filing the return for the year with respect to which the claim is made. If the claim for credit or refund relates to an overpayment on account of the effect that the deductibility of such a debt or loss has on the application to the taxpayer of a carryback, the period shall be either 7 years from the date prescribed by law for filing the return for the year of the net operating loss which results in such carryback or the period prescribed in paragraph (2) of this subsection, whichever expires the later. In the case of a claim described in this paragraph the amount of the credit or refund may exceed the portion of the tax paid within the period prescribed in subsection (b)(2) or (c), whichever is applicable, to the extent of the amount of the overpayment attributable to the deductibility of items described in this paragraph.
(2)
Special period of limitation with respect to net operating loss or capital loss carrybacks
(B)
Applicable rules
(ii)
Tentative carryback adjustments
(iii)
Determinations by courts to be conclusive
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—
(I)
the net operating loss deduction and the effect of such deduction, and
(II)
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.
(3)
Special rules relating to foreign tax credit
(A)
Special period of limitation with respect to foreign taxes paid or accrued
(B)
Exception in the case of foreign taxes paid or accrued
(4)
Special period of limitation with respect to certain credit carrybacks
(C)
Credit carryback defined
(5)
Special period of limitation with respect to self-employment tax in certain cases
(6)
Special period of limitation with respect to amounts included in income subsequently recaptured under qualified plan termination
(7)
Special period of limitation with respect to self-employment tax in certain cases
If—
(A)
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 Tax Court determination in a proceeding under section 7436, and
(B)
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 determination becomes final.
(8)
Special rules when uniformed services retired pay is reduced as a result of award of disability compensation
(A)
Period of limitation on filing claim
If the claim for credit or refund relates to an overpayment of tax imposed by subtitle A on account of—
(i)
the reduction of uniformed services retired pay computed under section 1406 or 1407 of title 10, United States Code, or
as a result of an award of compensation under title 38 of such Code pursuant to a determination by the Secretary of Veterans Affairs, the 3-year period of limitation prescribed in subsection (a) shall be extended, for purposes of permitting a credit or refund based upon the amount of such reduction or waiver, until the end of the 1-year period beginning on the date of such determination.
(B)
Limitation to 5 taxable years
([Aug. 16, 1954, ch. 736], [68A Stat. 808]; [Apr. 2, 1956, ch. 160, § 4(e)], [70 Stat. 91]; [June 29, 1956, ch. 462], title II, § 208(e)(6), [70 Stat. 397]; [Pub. L. 85–866, title I, § 82], Sept. 2, 1958, [72 Stat. 1663]; [Pub. L. 86–280, § 1(a)], Sept. 16, 1959, [73 Stat. 563]; [Pub. L. 87–794, title III, § 317(d)], Oct. 11, 1962, [76 Stat. 891]; [Pub. L. 87–834, § 2(e)(2)], Oct. 16, 1962, [76 Stat. 971]; [Pub. L. 88–272, title II], §§ 232(d), 239, Feb. 26, 1964, [78 Stat. 111], 128; [Pub. L. 88–571, § 3(c)], Sept. 2, 1964, [78 Stat. 858]; [Pub. L. 89–331, § 9(c)], Nov. 8, 1965, [79 Stat. 1278]; [Pub. L. 90–225, § 2(d)], Dec. 27, 1967, [81 Stat. 731]; [Pub. L. 91–172, title I, § 101(h)], title III, § 311(d)(3), title V, § 512(e)(2), Dec. 30, 1969, [83 Stat. 525], 588, 640; [Pub. L. 92–178, title VI, § 601(d)(2)], Dec. 10, 1971, [85 Stat. 558]; [Pub. L. 93–406, title IV, § 4401(b)], formerly § 4081(b), Sept. 2, 1974, [88 Stat. 1034], renumbered § 4401(b), [Pub. L. 96–364, title I, § 108(a)], Sept. 26, 1980, [94 Stat. 1267]; [Pub. L. 94–455, title XII, § 1203(h)(3)], title XIX, § 1906(a)(33), title XXI, § 2107(g)(2)(B), Oct. 4, 1976, [90 Stat. 1694], 1829, 1904;