Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "26 U.S.C. § 6502"
description: "Collection after assessment"
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title_number: 26
title_name: "INTERNAL REVENUE CODE"
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---
# 26 U.S.C. § 6502 - Collection after assessment
## Text
(a) Length of period Where the assessment of any tax imposed by this title has been made within the period of limitation properly applicable thereto, such tax may be collected by levy or by a proceeding in court, but only if the levy is made or the proceeding begun—
(1) within 10 years after the assessment of the tax, or
(2) if—
(A) there is an installment agreement between the taxpayer and the Secretary, prior to the date which is 90 days after the expiration of any period for collection agreed upon in writing by the Secretary and the taxpayer at the time the installment agreement was entered into; or
(B) there is a release of levy under section 6343 after such 10-year period, prior to the expiration of any period for collection agreed upon in writing by the Secretary and the taxpayer before such release.
If a timely proceeding in court for the collection of a tax is commenced, the period during which such tax may be collected by levy shall be extended and shall not expire until the liability for the tax (or a judgment against the taxpayer arising from such liability) is satisfied or becomes unenforceable.
(b) Date when levy is considered made The date on which a levy on property or rights to property is made shall be the date on which the notice of seizure provided in section 6335(a) is given.
(Aug. 16, 1954, ch. 736, 68A Stat. 806; Pub. L. 89719, title I, § 113(b), Nov. 2, 1966, 80 Stat. 1146; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 100647, title I, § 1015(u)(1), Nov. 10, 1988, 102 Stat. 3573; Pub. L. 101239, title VII, § 7811(k)(2), Dec. 19, 1989, 103 Stat. 2412; Pub. L. 101508, title XI, § 11317(a), Nov. 5, 1990, 104 Stat. 1388458; Pub. L. 105206, title III, § 3461(a), July 22, 1998, 112 Stat. 764.)
## Notes
Editorial Notes
Amendments1998—Subsec. (a). Pub. L. 105206, § 3461(a)(2), struck out first sentence of concluding provisions which read as follows: “The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.” Subsec. (a)(2). Pub. L. 105206, § 3461(a)(1), added par. (2) and struck out former par. (2) which read as follows: “prior to the expiration of any period for collection agreed upon in writing by the Secretary and the taxpayer before the expiration of such 10-year period (or, if there is a release of levy under section 6343 after such 10-year period, then before such release).” 1990—Subsec. (a)(1). Pub. L. 101508, § 11317(a)(1), substituted “10 years” for “6 years”. Subsec. (a)(2). Pub. L. 101508, § 11317(a)(2), substituted “10-year period” for “6-year period” wherever appearing. 1989—Subsec. (a). Pub. L. 101239 substituted “unenforceable” for “enforceable” in last sentence. 1988—Subsec. (a). Pub. L. 100647 amended last sentence generally. Prior to amendment, last sentence read as follows: “The period provided by this subsection during which a tax may be collected by levy shall not be extended or curtailed by reason of a judgment against the taxpayer.” 1976—Subsec. (a)(2). Pub. L. 94455 struck out “or his delegate” after “Secretary”. 1966—Subsec. (a). Pub. L. 89719 inserted sentence at end providing that the period provided by this subsection during which a tax may be collected by levy shall not be extended or curtailed by reason of a judgment against the taxpayer.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendments by Pub. L. 105206 applicable to requests to extend period of limitations made after Dec. 31, 1999, with special provisions relating to requests made on or before such date, see section 3461(c) of Pub. L. 105206, set out as a note under section 6501 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 applicable to taxes assessed after Nov. 5, 1990, and to taxes assessed on or before that date if the period specified in this section (determined without regard to the amendments made by Pub. L. 101508) for collection of such taxes has not expired as of such date, see section 11317(c) of Pub. L. 101508, set out as a note under section 6323 of this title.
Effective Date of 1989 AmendmentAmendment by Pub. L. 101239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100647, to which such amendment relates, see section 7817 of Pub. L. 101239, set out as a note under section 1 of this title.
Effective Date of 1988 AmendmentPub. L. 100647, title I, § 1015(u)(2), Nov. 10, 1988, 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [Nov. 10, 1988].”
Effective Date of 1966 AmendmentAmendment by Pub. L. 89719 applicable after Nov. 2, 1966, regardless of when title or lien of United States arose or when lien or interest of another person was acquired, except in a case in which a lien or title derived from enforcement of a lien held by United States has been enforced by a civil action or suit which has become final by judgment, sale, or agreement before Nov. 2, 1966, or in a case in which the amendment would impair a priority held by any person other than United States holding a lien or interest prior to Nov. 2, 1966, operate to increase liability of such person, or shorten the time for bringing suit with respect to transactions occurring before Nov. 2, 1966, see section 114(a)(c) of Pub. L. 89719, set out as a note under section 6323 of this title.
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# 26 U.S.C. § 6504 - Cross references
## Text
For limitation period in case of—
(1) Adjustments to accrued foreign taxes, see section 905(c).
(2) Change of treatment with respect to itemized deductions where taxpayer and his spouse make separate returns, see section 63(e)(3).
(3) Involuntary conversion of property, see section 1033(a)(2)(C) and (D).
(4) Application by fiduciary for discharge from personal liability for estate tax, see section 2204.
(5) Insolvent banks and trust companies, see section 7507.
(6) Service in a combat zone, etc., see section 7508.
(7) Claims against transferees and fiduciaries, see chapter 71.
(8) Assessments to recover excessive amounts paid under section 6420 (relating to gasoline used on farms), 6421 (relating to gasoline used for certain nonhighway purposes or by local transit systems), or 6427 (relating to fuels not used for taxable purposes) and assessments of civil penalties under section 6675 for excessive claims under section 6420, 6421, or 6427, see section 6206.
(9) Assessment and collection of interest, see section 6601(g).
(10) Assessment of civil penalties under section 6694 or 6695, see section 6696(d)(1).
(Aug. 16, 1954, ch. 736, 68A Stat. 807; Apr. 2, 1956, ch. 160, § 4(d), 70 Stat. 91; June 29, 1956, ch. 462, title II, § 208(e)(5), 70 Stat. 397; Pub. L. 85866, title I, § 84(b), Sept. 2, 1958, 72 Stat. 1664; Pub. L. 88272, title I, § 112(d)(2), Feb. 26, 1964, 78 Stat. 24; Pub. L. 91172, title II, § 213(c)(3), Dec. 30, 1969, 83 Stat. 572; Pub. L. 91614, title I, § 101(d)(2), Dec. 31, 1970, 84 Stat. 1837; Pub. L. 93625, § 7(d)(4), Jan. 3, 1975, 88 Stat. 2115; Pub. L. 94455, title XII, § 1203(h)(2), title XIX, 1901(b)(31)(D), (36)(C), (37)(D), (39)(B), 1906(a)(32), Oct. 4, 1976, 90 Stat. 1694, 1800, 1802, 1803, 1829; Pub. L. 9530, title I, § 101(d)(16), May 23, 1977, 91 Stat. 134; Pub. L. 95600, title IV, § 405(c)(6), title VII, § 703(j)(10), Nov. 6, 1978, 92 Stat. 2871, 2942; Pub. L. 95618, title II, § 233(b)(2)(D), Nov. 9, 1978, 92 Stat. 3191; Pub. L. 97248, title IV, § 402(c)(6), Sept. 3, 1982, 96 Stat. 667; Pub. L. 97424, title V, § 515(b)(10), Jan. 6, 1983, 96 Stat. 2182; Pub. L. 99514, title I, § 104(b)(18), Oct. 22, 1986, 100 Stat. 2106; Pub. L. 10534, title III, § 312(d)(13), Aug. 5, 1997, 111 Stat. 840; Pub. L. 11474, title XI, § 1101(f)(5), Nov. 2, 2015, 129 Stat. 638.)
## Notes
Editorial Notes
Amendments2015—Par. (11). Pub. L. 11474 struck out par. (11) which read as follows: “Assessments of tax attributable to partnership items, see section 6229.” 1997—Pars. (4) to (12). Pub. L. 10534 redesignated pars. (5) to (12) as (4) to (11), respectively, and struck out former par. (4) which read as follows: “Gain upon sale or exchange of principal residence, see section 1034(j).” 1986—Par. (2). Pub. L. 99514 amended par. (2) generally, substituting “where taxpayer and his spouse make separate returns, see section 63(e)(3)” for “and zero bracket amount where taxpayer and his spouse make separate returns, see section 63(g)(5)”. 1983—Par. (9). Pub. L. 97424 struck out “6424 (relating to lubricating oil used for certain nontaxable purposes),” after “systems),”, and struck out “6424,” after “6421,”. 1982—Par. (12). Pub. L. 97248 added par. (12). 1978—Par. (4). Pub. L. 95600, § 405(c)(6), substituted “principal residence” for “residence”. Par. (6). Pub. L. 95600, § 703(j)(10), amended directory language of Pub. L. 94455, § 1901(b)(37)(D). See 1976 Amendment note below. Par. (9). Pub. L. 95618 substituted “used for certain nontaxable purposes” for “not used in highway motor vehicles”. 1977—Par. (2). Pub. L. 9530 substituted “treatment with respect to itemized deductions and zero bracket amount where taxpayer and his spouse make separate returns, see section 63(g)(5)” for “election with respect to the standard deduction where taxpayer and his spouse make separate returns, see section 144(b)”. 1976—Par. (1). Pub. L. 94455, §§ 1901(b)(36)(C), 1906(a)(32)(B), redesignated par. (2) as (1). Former par. (1), which referred to section 1321 for adjustments incident to involuntary liquidation of inventory, was struck out. Par. (2). Pub. L. 94455, § 1906(a)(32)(B), redesignated par. (3) as (2). Former par. (2) redesignated (1). Par. (3). Pub. L. 94455, §§ 1901(b)(31)(D), 1906(a)(32)(B), redesignated par. (4) as (3) and substituted “section 1033(a)(2)(C) and (D)” for “section 1033(a)(3)(C) and (D)”. Former par. (3) redesignated (2). Par. (4). Pub. L. 94455, § 1906(a)(32)(B), redesignated par. (5) as (4). Former par. (4) redesignated (3). Par. (5). Pub. L. 94455, §§ 1901(b)(39)(B), 1906(a)(32)(B), redesignated par. (9) as (5). Former par. (5) redesignated (4). Par. (6). Pub. L. 94455, § 1906(a)(32)(B), redesignated par. (10) as (6). Pub. L. 94455, § 1901(b)(37)(D), as amended by Pub. L. 95600, § 703(j)(10), struck out par. (6) which referred to section 1335 for war loss recoveries where the prior benefit rule was elected. Par. (7). Pub. L. 94455, §§ 1901(b)(39)(B), 1906(a)(32)(B), redesignated par. (11) as (7). Former par. (7), which referred to section 1346 for recovery of unconstitutional federal taxes, was struck out. Par. (8). Pub. L. 94455, § 1906(a)(32)(B), redesignated par. (12) as (8). Par. (9). Pub. L. 94455, § 1906(a)(32)(A), (B), redesignated par. (13) as (9) and inserted provisions relating to sections 6421, 6424, and 6427. Former par. (9) redesignated (5). Par. (10). Pub. L. 94455, § 1906(a)(32)(B), redesignated par. (15) as (10). Former par. (10) redesignated (6). Par. (11). Pub. L. 94455, §§ 1203(h)(2), 1906(a)(32)(B), added par. (11). Former par. (11) redesignated (7). Par. (12). Pub. L. 94455, § 1906(a)(32)(B), redesignated par. (12) as (8). Par. (13). Pub. L. 94455, § 1906(a)(32)(B), redesignated par. (13) as (9). Par. (14). Pub. L. 94455, § 1906(a)(32)(A), struck out par. (14) which referred to section 6206 for assessments to recover excessive amounts paid under section 6421, and assessments of civil penalties under section 6675, and for excessive claims under section 6421. Par. (15). Pub. L. 94455, § 1906(a)(32)(B), redesignated par. (15) as (10). 1975—Par. (15). Pub. L. 93625 substituted reference to section 6601(g) for 6601(h). 1970—Par. (9). Pub. L. 91614 substituted “fiduciary” for “executor”. 1969—Par. (8). Pub. L. 91172 struck out par. (8). 1964—Par. (3). Pub. L. 88272 substituted “with respect to the” for “to take”. 1958—Par. (15). Pub. L. 85866 added par. (15). 1956—Par. (13). Act. Apr. 2, 1956, added par. (13). Par. (14). Act June 29, 1956, added par. (14).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11474 applicable to returns filed for partnership taxable years beginning after Dec. 31, 2017, with certain exceptions, see section 1101(g) of Pub. L. 11474, set out as an Effective Date note under section 6221 of this title.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10534 applicable to sales and exchanges after May 6, 1997, with certain exceptions, see section 312(d) of Pub. L. 10534, set out as a note under section 121 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. L. 99514, set out as a note under section 1 of this title.
Effective Date of 1983 AmendmentAmendment by Pub. L. 97424 applicable with respect to articles sold after Jan. 6, 1983, see section 515(c) of Pub. L. 97424, set out as a note under section 34 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97248 applicable to partnership taxable years beginning after Sept. 3, 1982, with provision for applicability of amendment to any partnership taxable year ending after Sept. 3, 1982, if partnership, each partner, and each indirect partner requests such application and Secretary of the Treasury or his delegate consents to such application, see section 407(a)(1), (3) of Pub. L. 97248, set out as a note under section 702 of this title.
Effective Date of 1978 AmendmentsAmendment by Pub. L. 95618 effective on first day of first calendar month which begins more than 10 days after Nov. 9, 1978, see section 233(d) of Pub. L. 95618, set out as a note under section 34 of this title. Amendment by section 405(c)(6) of Pub. L. 95600 applicable to sales and exchanges of residences after July 26, 1978, in taxable years ending after such date, see section 405(d) of Pub. L. 95600, set out as a note under section 1038 of this title. Amendment by section 703(j)(10) of Pub. L. 95600 effective Oct. 4, 1976, see section 703(r) of Pub. L. 95600, set out as a note under section 46 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 9530 applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of Pub. L. 9530, set out as a note under section 1 of this title.
Effective Date of 1976 AmendmentAmendment by section 1203(h)(2) of Pub. L. 94455 applicable to documents prepared after Dec. 31, 1976, see section 1203(j) of Pub. L. 94455, set out as a note under section 7701 of this title. Amendment by section 1901(b)(31)(D), (36)(C), (37)(D), (39)(B) of Pub. L. 94455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94455, set out as a note under section 2 of this title. Amendment by section 1906(a)(32) of Pub. L. 94455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1906(d)(1) of Pub. L. 94455, set out as a note under section 6013 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 93625 effective July 1, 1975, and applicable to amounts outstanding on such date or arising thereafter, see section 7(e) of Pub. L. 93625, set out as an Effective Date note under section 6621 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91614 applicable with respect to decedents dying after Dec. 31, 1970, see section 101(j) of Pub. L. 91614, set out as a note under section 2032 of this title.
Effective Date of 1969 AmendmentAmendment Pub. L. 91172 applicable to taxable years beginning after Dec. 31, 1969, see section 213(d) of Pub. L. 91172, set out as an Effective Date note under section 183 of this title.
Effective Date of 1964 AmendmentAmendment by Pub. L. 88272 effective, except for purposes of section 21 of this title, with respect to taxable years beginning after Dec. 31, 1963, see section 131 of Pub. L. 88272, set out as a note under section 1 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85866 effective Aug. 17, 1954, see section 1(c)(2) of Pub. L. 85866, set out as a note under section 165 of this title.
Effective Date of 1956 AmendmentAmendment by act June 29, 1956, effective June 29, 1956, see section 211 of act June 29, 1956, set out as a note under section 4041 of this title.
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# 26 U.S.C. § 6513 - Time return deemed filed and tax considered paid
## Text
(a) Early return or advance payment of tax For purposes of section 6511, any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day. For purposes of section 6511(b)(2) and (c) and section 6512, payment of any portion of the tax made before the last day prescribed for the payment of the tax shall be considered made on such last day. For purposes of this subsection, the last day prescribed for filing the return or paying the tax shall be determined without regard to any extension of time granted the taxpayer and without regard to any election to pay the tax in installments.
(b) Prepaid income tax For purposes of section 6511 or 6512—
(1) Any tax actually deducted and withheld at the source during any calendar year under chapter 24 shall, in respect of the recipient of the income, be deemed to have been paid by him on the 15th day of the fourth month following the close of his taxable year with respect to which such tax is allowable as a credit under section 31.
(2) Any amount paid as estimated income tax for any taxable year shall be deemed to have been paid on the last day prescribed for filing the return under section 6012 for such taxable year (determined without regard to any extension of time for filing such return).
(3) Any tax withheld at the source under chapter 3 or 4 shall, in respect of the recipient of the income, be deemed to have been paid by such recipient on the last day prescribed for filing the return under section 6012 for the taxable year (determined without regard to any extension of time for filing) with respect to which such tax is allowable as a credit under section 1462 or 1474(b). For this purpose, any exemption granted under section 6012 from the requirement of filing a return shall be disregarded.
(c) Return and payment of social security taxes and income tax withholding Notwithstanding subsection (a), for purposes of section 6511 with respect to any tax imposed by chapter 3, 4, 21, or 24—
(1) If a return for any period ending with or within a calendar year is filed before April 15 of the succeeding calendar year, such return shall be considered filed on April 15 of such succeeding calendar year; and
(2) If a tax with respect to remuneration or other amount paid during any period ending with or within a calendar year is paid before April 15 of the succeeding calendar year, such tax shall be considered paid on April 15 of such succeeding calendar year.
(d) Overpayment of income tax credited to estimated tax If any overpayment of income tax is, in accordance with section 6402(b), claimed as a credit against estimated tax for the succeeding taxable year, such amount shall be considered as a payment of the income tax for the succeeding taxable year (whether or not claimed as a credit in the return of estimated tax for such succeeding taxable year), and no claim for credit or refund of such overpayment shall be allowed for the taxable year in which the overpayment arises.
(e) Payments of Federal unemployment tax Notwithstanding subsection (a), for purposes of section 6511 any payment of tax imposed by chapter 23 which, pursuant to section 6157, is made for a calendar quarter or other period within a calendar year shall, if made before the last day prescribed for filing the return for the calendar year (determined without regard to any extension of time for filing), be considered made on such last day.
(Aug. 16, 1954, ch. 736, 68A Stat. 812; Pub. L. 89809, title I, § 105(f)(1), (2), Nov. 13, 1966, 80 Stat. 1567, 1568; Pub. L. 9153, § 2(d), Aug. 7, 1969, 83 Stat. 92; Pub. L. 9876, title II, § 231(b)(2)(C), Aug. 12, 1983, 97 Stat. 429; Pub. L. 100647, title VII, § 7106(c)(4), Nov. 10, 1988, 102 Stat. 3774; Pub. L. 111147, title V, § 501(c)(4), (5), Mar. 18, 2010, 124 Stat. 106.)
## Notes
Editorial Notes
Amendments2010—Subsec. (b)(3). Pub. L. 111147, § 501(c)(4), inserted “or 4” after “chapter 3” and “or 1474(b)” after “section 1462”. Subsec. (c). Pub. L. 111147, § 501(c)(5), inserted “4,” after “chapter 3,” in introductory provisions. 1988—Subsec. (e). Pub. L. 100647 struck out last sentence which read as follows: “Notwithstanding subsection (a), for purposes of section 6511, any payment of tax imposed by chapter 23A which, pursuant to section 6157, is made for a calendar quarter within a taxable period shall, if made before the last day prescribed for filing the return for the taxable period (determined without regard to any extension of time for filing), be considered made on such last day.” 1983—Subsec. (e). Pub. L. 9876 inserted provisions that notwithstanding subsection (a), for purposes of section 6511, any payment of tax imposed by chapter 23A which, pursuant to section 6157, is made for a calendar quarter within a taxable period shall, if made before the last day prescribed for filing the return for the taxable period (determined without regard to any extension of time for filing), be considered made on such last day. 1969—Subsec. (e). Pub. L. 9153 added subsec. (e). 1966—Subsec. (b). Pub. L. 89809, § 105(f)(1), designated existing provisions as pars. (1) and (2) and added par. (3). Subsec. (c). Pub. L. 89809, § 105(f)(2), inserted reference to chapter 3 in provisions preceding par. (1) and “or other amount” after “remuneration” in par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111147 applicable to payments made after Dec. 31, 2012, with certain exceptions, see section 501(d)(1), (2) of Pub. L. 111147, set out as a note under section 1471 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 applicable to remuneration paid after Dec. 31, 1988, see section 7106(d) of Pub. L. 100647, set out as a note under section 3321 of this title.
Effective Date of 1983 AmendmentAmendment by Pub. L. 9876 applicable to remuneration paid after June 30, 1986, see section 231(d) of Pub. L. 9876, set out as an Effective Date note under section 3321 of this title.
Effective Date of 1969 AmendmentAmendment by Pub. L. 9153 applicable with respect to calendar years beginning after Dec. 31, 1969, see section 4(a) of Pub. L. 9153, set out as an Effective Date note under section 6157 of this title.
Effective Date of 1966 AmendmentAmendment by Pub. L. 89809 effective Nov. 13, 1966, see section 105(f)(4) of Pub. L. 89809, set out as a note under section 6501 of this title.
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# 26 U.S.C. § 6514 - Credits or refunds after period of limitation
## Text
(a) Credits or refunds after period of limitation A refund of any portion of an internal revenue tax shall be considered erroneous and a credit of any such portion shall be considered void—
(1) Expiration of period for filing claim If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or
(2) Disallowance of claim and expiration of period for filing suit In the case of a claim filed within the proper time and disallowed by the Secretary, if the credit or refund was made after the expiration of the period of limitation for filing suit, unless within such period suit was begun by the taxpayer.
(3) Recovery of erroneous refunds For procedure by the United States to recover erroneous refunds, see sections 6532(b) and 7405.
(b) Credit after period of limitation Any credit against a liability in respect of any taxable year shall be void if any payment in respect of such liability would be considered an overpayment under section 6401(a).
(Aug. 16, 1954, ch. 736, 68A Stat. 812; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
## Notes
Editorial Notes
Amendments1976—Subsec. (a)(2). Pub. L. 94455 struck out “or his delegate” after “Secretary”.
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# 26 U.S.C. § 6515 - Cross references
## Text
For limitations in case of—
(1) Deficiency dividends of a personal holding company, see section 547.
(2) Tentative carry-back adjustments, see section 6411.
(3) Service in a combat zone, etc., see section 7508.
(4) Suits for refund by taxpayers, see section 6532(a).
(5) Deficiency dividends of a regulated investment company or real estate investment trust, see section 860.
(Aug. 16, 1954, ch. 736, 68A Stat. 813; Pub. L. 94455, title XVI, § 1601(f)(3), title XIX, § 1901(b)(36)(D), (37)(E), Oct. 4, 1976, 90 Stat. 1746, 1802, 1803; Pub. L. 95600, title III, § 362(d)(4), Nov. 6, 1978, 92 Stat. 2852; Pub. L. 97248, title IV, § 402(c)(10), Sept. 3, 1982, 96 Stat. 668; Pub. L. 101508, title XI, § 11801(c)(17)(C), Nov. 5, 1990, 104 Stat. 1388528; Pub. L. 11474, title XI, § 1101(f)(8), Nov. 2, 2015, 129 Stat. 638.)
## Notes
Editorial Notes
Amendments2015—Par. (6). Pub. L. 11474 struck out par. (6) which read as follows: “Refunds or credits attributable to partnership items, see section 6227 and subsections (c) and (d) of section 6230.” 1990—Pub. L. 101508 struck out par. (2) and redesignated the succeeding pars. accordingly, which was executed with respect to the succeeding pars. (consisting of pars. (3) to (7)) by redesignating such pars. as (2) to (6), respectively. Prior to amendment, par. (2) provided a cross reference to section 1481 for overpayment in certain renegotiations of war contracts. 1982—Par. (7). Pub. L. 97248 added par. (7). 1978—Par. (6). Pub. L. 95600 inserted “regulated investment company or” before “real estate investment trust” and substituted “section 860” for “section 859”. Notwithstanding the directory language that the amendment be made to par. (5), the amendment was executed to par. (6) to reflect the probable intent of Congress. 1976—Par. (1). Pub. L. 94455, § 1901(b)(36)(D), (b)(37)(E), redesignated par. (3) as (1). Former par. (1), which referred to section 1321 for adjustments incident to involuntary liquidation of inventory, was struck out. Par. (2). Pub. L. 94455, § 1901(b)(37)(E), redesignated par. (4) as (2). Former par. (2), which referred to section 1335 for war loss recoveries where the prior benefit rule was elected, was struck out. Pars. (3) to (7). Pub. L. 94455, § 1901(b)(37)(E), redesignated pars. (3) to (7) as (1) to (5), respectively. Par. (8). Pub. L. 94455, § 1601(f)(3), added par. (8) which was redesignated par. (6) by section 1901(b)(37)(E) of Pub. L. 94455.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11474 applicable to returns filed for partnership taxable years beginning after Dec. 31, 2017, with certain exceptions, see section 1101(g) of Pub. L. 11474, set out as an Effective Date note under section 6221 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97248 applicable to partnership taxable years beginning after Sept. 3, 1982, with provision for applicability of amendment to any partnership taxable year ending after Sept. 3, 1982, if partnership, each partner, and each indirect partner requests such application and Secretary of the Treasury or his delegate consents to such application, see section 407(a)(1), (3) of Pub. L. 97248, set out as a note under section 702 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95600 applicable with respect to determinations (as defined in section 860(e) of this title) after Nov. 6, 1978, see section 362(e) of Pub. L. 95600, set out as an Effective Date note under section 860 of this title.
Effective Date of 1976 AmendmentFor effective date of amendment by section 1601(f)(3) of Pub. L. 94455, see section 1608(a) of Pub. L. 94455, set out as a note under section 857 of this title. Amendment by section 1901(b)(36)(D), (37)(E) of Pub. L. 94455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94455, set out as a note under section 2 of this title.
Savings ProvisionFor provisions that nothing in amendment by Pub. L. 101508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101508, set out as a note under section 45K of this title.
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# 26 U.S.C. § 6521 - Mitigation of effect of limitation in case of related taxes under different chapters
## Text
(a) Self-employment tax and tax on wages In the case of the tax imposed by chapter 2 (relating to tax on self-employment income) and the tax imposed by section 3101 (relating to tax on employees under the Federal Insurance Contributions Act)—
(1) If an amount is erroneously treated as self-employment income, or if an amount is erroneously treated as wages, and
(2) If the correction of the error would require an assessment of one such tax and the refund or credit of the other tax, and
(3) If at any time the correction of the error is authorized as to one such tax but is prevented as to the other tax by any law or rule of law (other than section 7122, relating to compromises),
then, if the correction authorized is made, the amount of the assessment, or the amount of the credit or refund, as the case may be, authorized as to the one tax shall be reduced by the amount of the credit or refund, or the amount of the assessment, as the case may be, which would be required with respect to such other tax for the correction of the error if such credit or refund, or such assessment, of such other tax were not prevented by any law or rule of law (other than section 7122, relating to compromises).
(b) Definitions For purposes of subsection (a), the terms “self-employment income” and “wages” shall have the same meaning as when used in section 1402(b).
(Aug. 16, 1954, ch. 736, 68A Stat. 814.)
## Notes
Editorial Notes
References in TextThe Federal Insurance Contributions Act, referred to in subsec. (a), is act Aug. 16, 1954, ch. 736, §§ 3101, 3102, 3111, 3112, 3121 to 3128, 68A Stat. 415, which is classified generally to chapter 21 (§ 3101 et seq.) of this title. For complete classification of this Act to the Code, see section 3128 of this title and Tables.
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# 26 U.S.C. § 6531 - Periods of limitation on criminal prosecutions
## Text
No person shall be prosecuted, tried, or punished for any of the various offenses arising under the internal revenue laws unless the indictment is found or the information instituted within 3 years next after the commission of the offense, except that the period of limitation shall be 6 years—
(1) for offenses involving the defrauding or attempting to defraud the United States or any agency thereof, whether by conspiracy or not, and in any manner;
(2) for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof;
(3) for the offense of willfully aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation under, or in connection with any matter arising under, the internal revenue laws, of a false or fraudulent return, affidavit, claim, or document (whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document);
(4) for the offense of willfully failing to pay any tax, or make any return (other than a return required under authority of part III of subchapter A of chapter 61) at the time or times required by law or regulations;
(5) for offenses described in sections 7206(1) and 7207 (relating to false statements and fraudulent documents);
(6) for the offense described in section 7212(a) (relating to intimidation of officers and employees of the United States);
(7) for offenses described in section 7214(a) committed by officers and employees of the United States; and
(8) for offenses arising under section 371 of Title 18 of the United States Code, where the object of the conspiracy is to attempt in any manner to evade or defeat any tax or the payment thereof.
The time during which the person committing any of the various offenses arising under the internal revenue laws is outside the United States or is a fugitive from justice within the meaning of section 3290 of Title 18 of the United States Code, shall not be taken as any part of the time limited by law for the commencement of such proceedings. (The preceding sentence shall also be deemed an amendment to section 3748(a) of the Internal Revenue Code of 1939, and shall apply in lieu of the sentence in section 3748(a) which relates to the time during which a person committing an offense is absent from the district wherein the same is committed, except that such amendment shall apply only if the period of limitations under section 3748 would, without the application of such amendment, expire more than 3 years after the date of enactment of this title, and except that such period shall not, with the application of this amendment, expire prior to the date which is 3 years after the date of enactment of this title.) Where a complaint is instituted before a commissioner of the United States within the period above limited, the time shall be extended until the date which is 9 months after the date of the making of the complaint before the commissioner of the United States. For the purpose of determining the periods of limitation on criminal prosecutions, the rules of section 6513 shall be applicable.
(Aug. 16, 1954, ch. 736, 68A Stat. 815.)
## Notes
Editorial Notes
References in TextSection 3748(a) of the Internal Revenue Code of 1939, referred to in text, was classified to section 3748(a) of former Title 26, Internal Revenue Code. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of this title. See, also, section 7851(a)(6)(B) of this title for applicability of section 3748 of former Title 26. See also section 7851(e) for provision that references in the 1986 Code to a provision of the 1939 Code, not then applicable, shall be deemed a reference to the corresponding provision of the 1986 Code, which is then applicable. The date of enactment of this title, referred to in text, is Aug. 16, 1986 [formerly I.R.C. 1954], the date of enactment of the Internal Revenue Code of 1954.
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# 26 U.S.C. § 6532 - Periods of limitation on suits
## Text
(a) Suits by taxpayers for refund (1) General rule No suit or proceeding under section 7422(a) for the recovery of any internal revenue tax, penalty, or other sum, shall be begun before the expiration of 6 months from the date of filing the claim required under such section unless the Secretary renders a decision thereon within that time, nor after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates.
(2) Extension of time The 2-year period prescribed in paragraph (1) shall be extended for such period as may be agreed upon in writing between the taxpayer and the Secretary.
(3) Waiver of notice of disallowance If any person files a written waiver of the requirement that he be mailed a notice of disallowance, the 2-year period prescribed in paragraph (1) shall begin on the date such waiver is filed.
(4) Reconsideration after mailing of notice Any consideration, reconsideration, or action by the Secretary with respect to such claim following the mailing of a notice by certified mail or registered mail of disallowance shall not operate to extend the period within which suit may be begun.
(5) Cross reference For substitution of 120-day period for the 6-month period contained in paragraph (1) in a title 11 case, see section 505(a)(2) of title 11 of the United States Code.
(b) Suits by United States for recovery of erroneous refunds Recovery of an erroneous refund by suit under section 7405 shall be allowed only if such suit is begun within 2 years after the making of such refund, except that such suit may be brought at any time within 5 years from the making of the refund if it appears that any part of the refund was induced by fraud or misrepresentation of a material fact.
(c) Suits by persons other than taxpayers (1) General rule Except as provided by paragraph (2), no suit or proceeding under section 7426 shall be begun after the expiration of 2 years from the date of the levy or agreement giving rise to such action.
(2) Period when claim is filed If a request is made for the return of property described in section 6343(b), the 2-year period prescribed in paragraph (1) shall be extended for a period of 12 months from the date of filing of such request or for a period of 6 months from the date of mailing by registered or certified mail by the Secretary to the person making such request of a notice of disallowance of the part of the request to which the action relates, whichever is shorter.
(Aug. 16, 1954, ch. 736, 68A Stat. 816; Pub. L. 85866, title I, § 89(b), Sept. 2, 1958, 72 Stat. 1665; Pub. L. 89719, title I, § 110(b), Nov. 2, 1966, 80 Stat. 1144; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96589, § 6(d)(4), Dec. 24, 1980, 94 Stat. 3408; Pub. L. 11597, title I, § 11071(b), Dec. 22, 2017, 131 Stat. 2091.)
## Notes
Editorial Notes
Amendments2017—Subsec. (c)(1). Pub. L. 11597, § 11071(b)(1), substituted “2 years” for “9 months”. Subsec. (c)(2). Pub. L. 11597, § 11071(b)(2), substituted “2-year” for “9-month”. 1980—Subsec. (a)(5). Pub. L. 96589 added par. (5). 1976—Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1966—Subsec. (c). Pub. L. 89719 added subsec. (c). 1958—Subsec. (a)(1), (4). Pub. L. 85866 inserted “certified mail or” before “registered mail” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Pub. L. 11597 applicable to levies made after Dec. 22, 2017, and levies made on or before Dec. 22, 2017, if the 9-month period has not expired under section 6343(b) of this title (without regard to section 11071 of Pub. L. 11597) as of such date, see section 11071(c) of Pub. L. 11597, set out as a note under section 6343 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96589 effective Oct. 1, 1979, but not applicable to proceedings under Title 11, Bankruptcy, commenced before Oct. 1, 1979, see section 7(e) of Pub. L. 96589, set out as a note under section 108 of this title.
Effective Date of 1966 AmendmentAmendment by Pub. L. 89719 applicable after Nov. 2, 1966, regardless of when title or lien of United States arose or when lien or interest of another person was acquired, with certain exceptions, see section 114(a)(c) of Pub. L. 89719, set out as a note under section 6323 of this title.
Effective Date of 1958 AmendmentAmendment by Pub. L. 85866 applicable only if mailing occurs after Sept. 2, 1958, see section 89(d) of Pub. L. 85866, set out as a note under section 7502 of this title.
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# 26 U.S.C. § 6533 - Cross references
## Text
(1) For period of limitation in respect of civil actions for fines, penalties, and forfeitures, see section 2462 of Title 28 of the United States Code.
(2) For extensions of time by reason of armed service in a combat zone, see section 7508.
(3) For suspension of running of statute until 3 years after termination of hostilities, see section 3287 of Title 18.
(Aug. 16, 1954, ch. 736, 68A Stat. 816.)