26 U.S.C. § 6602
Interest on erroneous refund recoverable by suit
Any portion of an internal revenue tax (or any interest, assessable penalty, additional amount, or addition to tax) which has been erroneously refunded, and which is recoverable by suit pursuant to section 7405, shall bear interest at the underpayment rate established under section 6621 from the date of the payment of the refund.
Notes of Decisions
Cited in 12
cases, 1972–2012 · leading case: United States v. Davenport, 897 F. Supp. 2d 496 (N.D. Tex. 2012).
United States v. Davenport, 897 F. Supp. 2d 496 (N.D. Tex. 2012). “70 in erroneously issued refunds ($112,399 issued to David and Myra Davenport, and $112,398 issued to Morris and Cynthia Davenport) plus additional allowable interest on the refunds pursuant to 26 U.S.C. §§ 6602 , 6621 and 28 U.S.C. § 1961 (c)(1).”
United States v. Colorado Mufflers Unlimited, Inc., 116 F. App'x 218 (10th Cir. 2004). “59(e) motion to amend, and remand the case to the district court, directing it to amend its judgment to award to the United States prejudgment interest as required by 26 U.S.C. § 6602 . I. BACKGROUND On June 28, 2002, the United States filed a complaint seeking to recover…”
Chase Manhattan Bank, N.A. v. Gov't of the Virgin Islands of the United States, 173 F. Supp. 2d 386 (D.V.I. 2001). “§ 6621 (a)(2), (c) (mandating that the interest rate on underpayments is the federal short-term rate plus 3 percentage points or 5 percentage points if the corporation’s underpayment exceeds $100,000). The local and federal rates also differ for calculating interest on erroneous…”
United States v. LaRosa, 993 F. Supp. 907 (D. Md. 1997). “” 26 U.S.C. § 6602 (1994); see e.g., United States v.”
Johnson v. United States, 76 F. App'x 873 (10th Cir. 2003). “On July 25, 2002, the United States filed a motion to amend the judgment, seeking to have interest accrue in accordance with 26 U.S.C. §§ 6602 , 6621, rather than at the rate specified in the judgment.”
United States v. Salvatore, 792 F. Supp. 34 (D. Md. 1992). “Interest shall accrue from July 19, 1991, the date of the erroneous refund, in accordance with 26 U.S.C. § 6602 . IT IS FURTHER ORDERED that the Clerk shall mail copies of the Court’s Memorandum and this Order to all counsel and to the defendant.”
United States v. Mallah, 882 F. Supp. 779 (S.D. Ind. 1995). “Additionally, the plaintiff is entitled to interest on the erroneous refund as provided in 26 U.S.C. § 6602 : Any portion of an internal revenue tax (or any interest, assessable penalty, additional amount, or addition to tax) which has been erroneously refunded, and which is…”
United States v. Am. Inst. of Mktg. Sys., Inc., 345 F. Supp. 610 (E.D. Mo. 1972). “11, plus interest thereon as provided under 26 U.S.C. § 6602 . This Court has jurisdiction under 28 U.”
United States v. Anderson, 364 F. Supp. 2d 569 (D.S.C. 2004). “Pursuant to 26 U.S.C. §§ 6602 and 6621, taking in to account the funds collected by the IRS, Plaintiff alleged that the Defendants owed the sum of $10,695.”
United States v. Rudd, 331 F. Supp. 2d 383 (M.D.N.C. 2004). “…(Answer ¶¶ 11-14.) 2 . Interest accrues on the erroneous refunds, and may also be collected by the United States. 26 U.S.C. § 6602 .”
United States v. MacPhail, 313 F. Supp. 2d 729 (S.D. Ohio 2004). “00, plus statutory interest from the date of payment as provided for under 26 U.S.C. § 6602 . IT IS SO ORDERED. 1 . The Court denied as moot Ms.”
Johnson v. United States, 211 F.R.D. 633 (D. Colo. 2002). “61 owed by Plaintiff to the IRS shall bear interest in accordance with 26 U.S.C. § 6602 at the underpayment rate set forth in 26 U.”
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