28 U.S.C. § 2411 — Interest
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 163 words · no verdicts yet
A court judgment for overpaid internal-revenue tax must include interest at the statutory overpayment rate through a date shortly before the refund check. The Internal Revenue Commissioner may pay the final judgment by check, and that tender stops interest even if the creditor does not accept the check.
For a court judgment against the United States, an internal-revenue collector or deputy collector, a former collector or deputy collector, or a deceased person’s personal representative concerning an overpayment of internal-revenue tax, interest must be allowed at the overpayment rate established under section 6621 of the Internal Revenue Code of 1986. Interest applies to the overpayment from the date it was paid or collected through a date no more than 30 days before the refund check date, with the Commissioner of Internal Revenue choosing that date. After the judgment becomes final, the Commissioner may offer payment by check, including the required interest, whether or not a proper payment claim was filed. The offer stops interest from continuing, whether or not the judgment creditor accepts the refund check.
In any judgment of any court rendered (whether against the United States, a collector or deputy collector of internal revenue, a former collector or deputy collector, or the personal representative in case of death) for any overpayment in respect of any internal-revenue tax, interest shall be allowed at the overpayment rate established under section 6621 of the Internal Revenue Code of 1986 upon the amount of the overpayment, from the date of the payment or collection thereof to a date preceding the date of the refund check by not more than thirty days, such date to be determined by the Commissioner of Internal Revenue. The Commissioner is authorized to tender by check payment of any such judgment, with interest as herein provided, at any time after such judgment becomes final, whether or not a claim for such payment has been duly filed, and such tender shall stop the running of interest, whether or not such refund check is accepted by the judgment creditor.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 973; May 24, 1949, ch. 139, § 120, 63 Stat. 106; Pub. L. 93–625, § 7(a)(2), Jan. 3, 1975, 88 Stat. 2115; Pub. L. 97–164, title III, § 302(b), Apr. 2, 1982, 96 Stat. 56; Pub. L. 99–514, § 2, title XV, § 1511(c)(18), Oct. 22, 1986, 100 Stat. 2095, 2746.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 973
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 106
- 1975Amended · Pub. L. 93-625 · 88 Stat. 2115
- 1982Amended · Pub. L. 97-164 · 96 Stat. 56
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095, 2746
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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