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27 C.F.R. §§ 46.136–46.138

3 sections in range

§46.136. Claims.

27 C.F.R. § 46.136

Claims for abatement of assessment of special tax (including penalties and interest), or for refund of an overpayment of special tax (including interest and penalties), must be filed on TTB Form 5620.8. The claim must be filed with the appropriate TTB officer. Each claim must set forth in detail each ground on which it is based and must contain facts sufficient to explain to the appropriate TTB officer the exact basis for the claim. If the claim is for refund of special tax for which a stamp was issued, either the stamp must be attached to and be made a part of the claim, or the claimant must include in the claim a satisfactory explanation of the reason why the stamp cannot be submitted.
Notes, amendments, and revision history

Source

Source: T.D. TTB-79, 74 FR 37420, July 28, 2009, unless otherwise noted.

Authority

Authority: 18 U.S.C. 2341-2346, 26 U.S.C. 5061, 5704, 5708, 5731-5734, 5751, 5754, 5761-5763, 6001, 6109, 6601, 6621, 6622, 7212, 7342, 7602, 7606, 7805; 44 U.S.C. 3504(h), 49 U.S.C. 782, unless otherwise noted.

Source

Source: Redesignated by T.D. ATF-457, 66 FR 32220, June 14, 2001.

§46.137. Time limit on filing of claim for refund.

27 C.F.R. § 46.137

No claim for the refund of a special tax or penalty will be allowed unless presented within 3 years after the filing of the related tax return or within 2 years after the payment of such tax or penalty, whichever of these periods expires later.
Notes, amendments, and revision history

Source

Source: T.D. TTB-79, 74 FR 37420, July 28, 2009, unless otherwise noted.

Authority

Authority: 18 U.S.C. 2341-2346, 26 U.S.C. 5061, 5704, 5708, 5731-5734, 5751, 5754, 5761-5763, 6001, 6109, 6601, 6621, 6622, 7212, 7342, 7602, 7606, 7805; 44 U.S.C. 3504(h), 49 U.S.C. 782, unless otherwise noted.

Source

Source: Redesignated by T.D. ATF-457, 66 FR 32220, June 14, 2001.

§46.138. Discontinuance of business.

27 C.F.R. § 46.138

A dealer who for any reason discontinues business is not entitled to a refund of special tax for the unexpired portion of the tax year for which the special tax stamp was issued.
Notes, amendments, and revision history

Source

Source: T.D. TTB-79, 74 FR 37420, July 28, 2009, unless otherwise noted.

Authority

Authority: 18 U.S.C. 2341-2346, 26 U.S.C. 5061, 5704, 5708, 5731-5734, 5751, 5754, 5761-5763, 6001, 6109, 6601, 6621, 6622, 7212, 7342, 7602, 7606, 7805; 44 U.S.C. 3504(h), 49 U.S.C. 782, unless otherwise noted.

Source

Source: Redesignated by T.D. ATF-457, 66 FR 32220, June 14, 2001.