Skip to content

Title 26 — Internal Revenue Code

Chapter 63 — Assessment

§ 6206. Special rules applicable to excessive claims under certain sections

Statutory text

Any portion of a refund made under section 6416(a)(4) and any portion of a payment made under section 6420, 6421, 6427, or 6435 which constitutes an excessive amount (as defined in section 6675(b)), and any civil penalty provided by section 6675, may be assessed and collected as if it were a tax imposed by section 4081 (with respect to refunds under section 6416(a)(4) and payments under sections 6420, 6421, and 6435), or 4041 or 4081 (with respect to payments under section 6427) and as if the person who made the claim were liable for such tax. The period for assessing any such portion, and for assessing any such penalty, shall be 3 years from the last day prescribed for the filing of the claim under section 6416(a)(4), 6420, 6421, 6427, or 6435, as the case may be.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Added Apr. 2, 1956, ch. 160, § 4(b)(1), 70 Stat. 90 · 70 Stat. 90

    Enacted · 26 U.S.C. § 6206

    Added Apr. 2, 1956, ch. 160, § 4(b)(1), 70 Stat. 90

    Source evidence

    Code source credit
    Added Apr. 2, 1956, ch. 160, § 4(b)(1), 70 Stat. 90

  2. Excise Tax Reduction Act of 1965

    Pub. L. 89–44 title II § 202(c)(2)(A) · 79 Stat. 136

    1. Struck · 26 U.S.C. § 6206

      Pub. L. 89–44 struck out “6420 and 6421” wherever appearing in section catchline and text

    2. Substituted · 26 U.S.C. § 6206

      Pub. L. 89–44 substituted therefor “6420, 6421, and 6424”

    3. Inserted · 26 U.S.C. § 6206

      Pub. L. 89–44 inserted “(or, in the case of lubricating oil, by section 4091)” after “4081” in text

    Source evidence

    Code amendment note
    Pub. L. 89–44 struck out “6420 and 6421” wherever appearing in section catchline and text and substituted therefor “6420, 6421, and 6424” and inserted “(or, in the case of lubricating oil, by section 4091)” after “4081” in text.

    Enacted provision · exact public law section
    (A) Section 6206 is amended— 70 Stat. 90, 395. (i) by striking out “6420 AND 6421” in the heading and inserting in lieu thereof “6420, 6421, AND 6424”, (ii) by striking out “6420 or 6421” each place it appears in the text and inserting in lieu thereof “6420, 6421, or 6424”, and (iii) by inserting “(or, in the case of lubricating oil, by section 4091)” after “4081”. Ante, p, 137.

  3. Airport and Airway Revenue Act of 1970

    Pub. L. 91–258 title II § 207(d)(3) · 84 Stat. 219

    1. Inserted · 26 U.S.C. § 6206

      Pub. L. 91–258 inserted reference to section 6427 in section catchline

    2. Inserted · 26 U.S.C. § 6206

      Pub. L. 91–258 inserted reference to section 6427 in first and second sentences

    3. Substituted · 26 U.S.C. § 6206

      Pub. L. 91–258 substituted “by section 4081 (with respect to payments under sections 6420 and 6421), 4091 (with respect to payments under section 6424), or 4041 (with respect to payments under section 6427)” for “by section 4081 (or, in the case of lubricating oil, by section 4091)”, in first sentence, respectively

    Source evidence

    Code amendment note
    Pub. L. 91–258 inserted reference to section 6427 in section catchline, inserted reference to section 6427 in first and second sentences, and substituted “by section 4081 (with respect to payments under sections 6420 and 6421), 4091 (with respect to payments under section 6424), or 4041 (with respect to payments under section 6427)” for “by section 4081 (or, in the case of lubricating oil, by section 4091)”, in first sentence, respectively.

    Enacted provision · exact public law section
    SEC. 207. PAYMENTS WITH RESPECT TO CERTAIN USES OF GASOLINE AND SPECIAL FUELS. (a) Payments With Respect to Certain Nontaxable Uses of Fuels.— Subchapter B of chapter 65 (relating to rules of special Ante, p. 245. application) is amended by adding after section 6426 (as added by section 406 (e) of this title) the following new section:

  4. Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 title V § 515(b)(3)(A) · 96 Stat. 2097

    Struck · 26 U.S.C. § 6206

    Pub. L. 97–424 struck out reference to section 6424 in section catchline, and in text struck out “4091 (with respect to payments under section 6424),” after “6421),”, and “6424,” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 97–424 struck out reference to section 6424 in section catchline, and in text struck out “4091 (with respect to payments under section 6424),” after “6421),”, and “6424,” wherever appearing.

    Enacted provision · exact public law section
    (A) Section 6206 is amended by striking out “4091 (with 26 USC 6206. respect to payments under section 6424),” and by striking out “6424,” each place it appears in the heading and the text.

  5. Pub. L. 100–203 title X § 10502(d)(5) · 101 Stat. 1330

    Substituted · 26 U.S.C. § 6206

    Pub. L. 100–203 substituted “or 4041 or 4091” for “or 4041”

    Source evidence

    Code amendment note
    Pub. L. 100–203 substituted “or 4041 or 4091” for “or 4041”.

    Enacted provision · exact public law section
    (5) Section 6206 is amended by striking out “or 4041” and inserting in lieu thereof “or 4041 or 4091”.

  6. Revenue Reconciliation Act of 1993

    Pub. L. 103–66 title XIII § 13242(d)(14) · 107 Stat. 312

    Substituted · 26 U.S.C. § 6206

    Pub. L. 103–66 substituted “4041, 4081, or 4091” for “4041 or 4091”

    Source evidence

    Code amendment note
    Pub. L. 103–66 substituted “4041, 4081, or 4091” for “4041 or 4091”.

    Enacted provision · exact public law section
    (14) Section 6206 is amended by striking “4041 or 4091” and inserting “4041, 4081, or 4091”.

  7. Pub. L. 108–357 title VIII § 853(d)(2)(F) · 118 Stat. 1418

    Substituted · 26 U.S.C. § 6206

    Pub. L. 108–357 substituted “or 4081” for “, 4081, or 4091”

    Source evidence

    Code amendment note
    Pub. L. 108–357 substituted “or 4081” for “, 4081, or 4091”.

    Enacted provision · exact public law section
    (F) Sections 4101(a), 4103, 4221(a), and 6206 are each amended by striking “, 4081, or 4091” and inserting “or 4081”.

  8. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 title XI § 11163(d)(1) · 119 Stat. 1144

    1. Substituted · 26 U.S.C. § 6206

      Pub. L. 109–59 substituted “certain sections” for “sections 6420, 6421, and 6427”

    2. Substituted · 26 U.S.C. § 6206

      Pub. L. 109–59 substituted “Any portion of a refund made under section 6416(a)(4) and any portion” for “Any portion”

    3. Substituted · 26 U.S.C. § 6206

      Pub. L. 109–59 substituted “refunds under section 6416(a)(4) and payments under sections 6420” for “payments under sections 6420”

    4. Substituted · 26 U.S.C. § 6206

      Pub. L. 109–59 substituted “section 6416(a)(4), 6420” for “section 6420”

    Source evidence

    Code amendment note
    Pub. L. 109–59 substituted “certain sections” for “sections 6420, 6421, and 6427” in section catchline, in first sentence substituted “Any portion of a refund made under section 6416(a)(4) and any portion” for “Any portion” and “refunds under section 6416(a)(4) and payments under sections 6420” for “payments under sections 6420”, and in second sentence substituted “section 6416(a)(4), 6420” for “section 6420”.

    Enacted provision · exact public law section
    (1) Section 6206 (relating to special rules applicable to excessive claims under sections 6420, 6421, and 6427) is amended— (A) by striking “Any portion” in the first sentence and inserting “Any portion of a refund made under section 6416(a)(4) and any portion”, (B) by striking “payments under sections 6420” in the first sentence and inserting “refunds under section 6416(a)(4) and payments under sections 6420”, (C) by striking “section 6420” in the second sentence and inserting “section 6416(a)(4), 6420”, and (D) by striking “sections 6420, 6421, and 6427” in the heading thereof and inserting “certain sections”.

  9. Pub. L. 119–21 title VII § 70525(b)(1) · 139 Stat. 282

    1. Substituted · 26 U.S.C. § 6206

      Pub. L. 119–21 substituted “6427, or 6435” for “or 6427”

    2. Substituted · 26 U.S.C. § 6206

      Pub. L. 119–21 substituted “6420, 6421, and 6435” for “6420 and 6421”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 119–21 substituted “6427, or 6435” for “or 6427” in two places and “6420, 6421, and 6435” for “6420 and 6421”.

    Effective date note
    Pub. L. 119–21, title VII, § 70525(c), July 4, 2025, 139 Stat. 283, provided that: “The amendments made by this section [enacting section 6435 of this title and amending this section and sections 6430 and 6675 of this title] shall apply to eligible indelibly dyed diesel fuel or kerosene removed on or after the date that is 180 days after the date of the enactment of this section [July 4, 2025].”

14 of 17 references resolved to an enrolled provision · 1 partial · 2 unresolved

Editorial Notes

Prior Provisions

A prior section 6206 was renumbered 6207 of this title.

Amendments1956–2025 · 9 rounds

2025

Pub. L. 119–21 substituted “6427, or 6435” for “or 6427” in two places and “6420, 6421, and 6435” for “6420 and 6421”.

2005

Pub. L. 109–59 substituted “certain sections” for “sections 6420, 6421, and 6427” in section catchline, in first sentence substituted “Any portion of a refund made under section 6416(a)(4) and any portion” for “Any portion” and “refunds under section 6416(a)(4) and payments under sections 6420” for “payments under sections 6420”, and in second sentence substituted “section 6416(a)(4), 6420” for “section 6420”.

2004

Pub. L. 108–357 substituted “or 4081” for “, 4081, or 4091”.

1993

Pub. L. 103–66 substituted “4041, 4081, or 4091” for “4041 or 4091”.

1987

Pub. L. 100–203 substituted “or 4041 or 4091” for “or 4041”.

1983

Pub. L. 97–424 struck out reference to section 6424 in section catchline, and in text struck out “4091 (with respect to payments under section 6424),” after “6421),”, and “6424,” wherever appearing.

1970

Pub. L. 91–258 inserted reference to section 6427 in section catchline, inserted reference to section 6427 in first and second sentences, and substituted “by section 4081 (with respect to payments under sections 6420 and 6421), 4091 (with respect to payments under section 6424), or 4041 (with respect to payments under section 6427)” for “by section 4081 (or, in the case of lubricating oil, by section 4091)”, in first sentence, respectively.

1965

Pub. L. 89–44 struck out “6420 and 6421” wherever appearing in section catchline and text and substituted therefor “6420, 6421, and 6424” and inserted “(or, in the case of lubricating oil, by section 4091)” after “4081” in text.

1956

Act , inserted reference to excessive claims under section 6421 in section catchline and text.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–21, title VII, § 70525(c), , 139 Stat. 283, provided that: “The amendments made by this section [enacting section 6435 of this title and amending this section and sections 6430 and 6675 of this title] shall apply to eligible indelibly dyed diesel fuel or kerosene removed on or after the date that is 180 days after the date of the enactment of this section [].”

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–59 applicable to sales after , see section 11163(e) of Pub. L. 109–59, set out as a note under section 4101 of this title.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–357 applicable to aviation-grade kerosene removed, entered, or sold after , see section 853(e) of Pub. L. 108–357, set out as a note under section 4041 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–66 effective , see section 13242(e) of Pub. L. 103–66, set out as a note under section 4041 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 applicable to sales after , see section 10502(e) of Pub. L. 100–203, set out as a note under section 40 of this title.

Effective Date of 1983 Amendment

Amendment by Pub. L. 97–424 applicable with respect to articles sold after , see section 515(c) of Pub. L. 97–424, set out as a note under section 34 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–258 effective , see section 211(a) of Pub. L. 91–258, set out as a note under section 4041 of this title.

Effective Date of 1965 Amendment

Amendment by Pub. L. 89–44 effective , see section 701(a)(1), (2) of Pub. L. 89–44, set out as a note under section 4161 of this title.

Effective Date of 1956 Amendment

Amendment by act , effective , see section 211 of act , set out as a note under section 4041 of this title.

Credits

1956–2025 · 10 acts
  1. 1956Added Apr. 2, 1956, ch. 160, § 4(b)(1), 70 Stat. 90
  2. 1956amended June 29, 1956, ch. 462, title II, § 208(d)(1), 70 Stat. 396
  3. 1965Pub. L. 89–44, title II, § 202(c)(2)(A), , 79 Stat. 139
  4. 1970Pub. L. 91–258, title II, § 207(d)(3), , 84 Stat. 248
  5. 1983Pub. L. 97–424, title V, § 515(b)(3)(A), , 96 Stat. 2181
  6. 1987Pub. L. 100–203, title X, § 10502(d)(5), , 101 Stat. 1330–444
  7. 1993Pub. L. 103–66, title XIII, § 13242(d)(14), , 107 Stat. 524
  8. 2004Pub. L. 108–357, title VIII, § 853(d)(2)(F), , 118 Stat. 1613
  9. 2005Pub. L. 109–59, title XI, § 11163(d)(1), , 119 Stat. 1974
  10. 2025Pub. L. 119–21, title VII, § 70525(b)(1), , 139 Stat. 282.
Show as published

(Added Apr. 2, 1956, ch. 160, § 4(b)(1), 70 Stat. 90; amended June 29, 1956, ch. 462, title II, § 208(d)(1), 70 Stat. 396; Pub. L. 89–44, title II, § 202(c)(2)(A), , 79 Stat. 139; Pub. L. 91–258, title II, § 207(d)(3), , 84 Stat. 248; Pub. L. 97–424, title V, § 515(b)(3)(A), , 96 Stat. 2181; Pub. L. 100–203, title X, § 10502(d)(5), , 101 Stat. 1330–444; Pub. L. 103–66, title XIII, § 13242(d)(14), , 107 Stat. 524; Pub. L. 108–357, title VIII, § 853(d)(2)(F), , 118 Stat. 1613; Pub. L. 109–59, title XI, § 11163(d)(1), , 119 Stat. 1974; Pub. L. 119–21, title VII, § 70525(b)(1), , 139 Stat. 282.)

Parsed from the official OLRC USLM XML in data/usc_all/usc26.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t26/s6206