U.S. Code » Title 26 » Subtitle Subtitle F— Procedure and Administration › Chapter CHAPTER 65— ABATEMENTS, CREDITS, AND REFUNDS › Subchapter Subchapter A— Procedure in General

26 U.S.C. § 6408

State escheat laws not to apply

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No overpayment of any tax imposed by this title shall be refunded (and no interest with respect to any such overpayment shall be paid) if the amount of such refund (or interest) would escheat to a State or would otherwise become the property of a State under any law relating to the disposition of unclaimed or abandoned property. No refund (or payment of interest) shall be made to the estate of any decedent unless it is affirmatively shown that such amount will not escheat to a State or otherwise become the property of a State under such a law.

Notes of Decisions
Cited in 4 cases, 1988–1991 · leading case: Abrams v. Baker, 141 Misc. 2d 882 (N.Y. Sup. Ct. 1988).
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Abrams v. Baker, 141 Misc. 2d 882 (N.Y. Sup. Ct. 1988). · cites it 8× “* The Omnibus Budget Reconciliation Act of 1987 (as enacting 26 USC § 6408 ) provides as follows: "(a) general rule.”
Abrams v. Brady, 573 N.E.2d 556 (N.Y. 1991). “The Omnibus Act, which is codified at 26 USC § 6408 and took effect on December 22, 1987, provides, in pertinent part, that "[n]o overpayment of any tax * * * shall be refunded (and no interest with respect to any such overpayment shall be paid) if the amount of such refund (or…”
Abrams v. Brady, 143 Misc. 2d 233 (N.Y. Sup. Ct. 1989). “Abandoned Property Law § 1223 explicitly provides for the payment or delivery of abandoned property to the State Comptroller even in the absence of a judgment of escheat, thereby creating substantive rights in the State of New York which matured prior to the effective date of 26…”
Abrams v. Brady, 163 A.D.2d 94 (N.Y. App. Div. 1st Dep't 1990). · cites it 5× “At issue herein is whether a section of the Internal Revenue Code, 26 USC § 6408 , enacted subsequent to Abrams I (supra), and which expressly removes from the scope of the State escheat and Abandoned Property Law unclaimed tax refunds and interest payable thereupon, is…”
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