Reg. § 5.6411-1 Tentative refund under claim of right adjustment.
(a) Effective date This section applies to applications for tentative refunds filed after November 5, 1978, under section .
(b) In general Section allows taxpayers to apply for a tentative refund of amounts treated under section as an overpayment of tax under a claim of right adjustment. This section contains rules for filing an application for this tentative refund. The computation of amounts treated as an overpayment must be made in accordance with section and the regulations under that section.
(c) Method of applying for tentative refund
(1) In general For a corporation, the application is made by filing Form 1139. For taxpayers other than corporations, the application is made by filing Form 1045. The application must be made by filing those forms even if the taxpayer is not applying for a tentative carryback adjustment under section . If the taxpayer files the form to apply for the section tentative refund only, it may disregard those lines on the form used to compute the section carryback adjustment. If the taxpayer has a carryback of a net operating loss, credit, or capital loss for the taxable year (determined without the deduction described in section ) and applies for both the section tenative carryback adjustment and the section tentative refund, an ordering rule applies. The taxpayer must take into account any adjustments made in applying for the tentative carryback adjustment under section before determining the amount of the overpayment for which an application under section is being made. The taxpayer must attach to the form a separate schedule containing the information required under of this section.
(2) Applications made before February 7, 1980 Applications made before February 7, 1980 that are made under penalties of perjury will be considered meeting the requirements of this section if made by filing a separate statement whether or not it is attached to Form 1139 or 1045. This application, however, must contain the information required under of this section (other than paragraph (d)(2)).
(d) Information required
(1) In general The application must contain
(i) the taxpayer's name, address, and identification number and
(ii) the information set forth in and of this section, determined in accordance with section and the regulations under that section. For example, the decrease in tax under of this section is determined under .
(2) Computation under section 1341(a)(4) The application must contain the following information related to the computation under section :
(i) The amount of income restored by the taxpayer to another during the taxable year and the amount of the corresponding deduction described in section ;
(ii) The tax for the taxable year computed with the deduction described in section ; and
(iii) The tax for each prior taxable year (determined before adjustment under section ) to which any net operating loss described in section may be carried and the decrease in tax for each of those years that results from the carryback of that loss.
(3) Computation under section 1341(a)(5) The application must contain the following information related to the computation under section :
(i) The tax for the taxable year without the deduction described in section ;
(ii) The tax for each prior taxable year (determined before adjustment under section ) for which a decrease in tax is computed under section ;
(iii) The decrease in tax for each prior taxable year computed under section , including any decrease resulting from a net operating loss or capital loss described in section ; and
(iv) The amount treated as an overpayment of tax under section .
(e) Time and place for filing The application must be filed no earlier than the date of filing the return for the taxable year of restoration and no later than the date 12 months from the last day of that taxable year. The application must be filed with the Internal Revenue Service Center (or other office) where the taxpayer filed its return for the taxable year of restoration.
(f) Not a claim for credit or refund An application for tentative refund under section is not a claim for credit or refund. The principles of apply in determining the effect of an application for a tentative refund. For example, the filing of an application for tentative refund under section is not a claim for credit or refund in determining whether a claim for credit or refund was timely filed.
[T.D. 7672, 45 FR 8295, Feb. 7, 1980; 45 FR 17138, Mar. 18, 1980]