REFUND OR CREDIT OF OVERPAYMENTS BEFORE FINAL DETERMINATION.

SEC. 3464. REFUND OR CREDIT OF OVERPAYMENTS BEFORE FINAL DETERMINATION. (a) Tax Court Proceedings.— Subsection (a) of section 6213 is amended— (1) by striking “, including the Tax Court.” and inserting “, including the Tax Court, and a refund may be ordered by such court of any amount collected within the period during which the Secretary is prohibited from collecting by levy or through a proceeding in court under the provisions of this subsection.”; and (2) by striking “to enjoin any action or proceeding” and inserting “to enjoin any action or proceeding or order any refund”. (b) Other Proceedings.— Subsection (a) of section 6512 is amended by striking the period at the end of paragraph (4) and inserting “, and”, and by inserting after paragraph (4) the following new paragraphs: “(5) As to any amount collected within the period during which the Secretary is prohibited from making the assessment or from collecting by levy or through a proceeding in court under the provisions of section 6213(a); and “(6) As to overpayments the Secretary is authorized to refund or credit pending appeal as provided in subsection (b).”. (c) Refund or Credit Pending Appeal.— Paragraph (1) of section 6512(b) is amended by adding at the end the following new sentence: “If a notice of appeal in respect of the decision of the Tax Court is filed under section 7483, the Secretary is authorized to refund or credit the overpayment determined by the Tax Court to the extent the overpayment is not contested on appeal.”. (d) Effective Date.— The amendments made by this section shall take effect on the date of the enactment of this Act.