SECTION 3. PROCEDURE FOR

FILING CLAIMS FOR RECOVERY OF OVERPAYMENT OF REBATE, PENALTY, AND YIELD REDUCTION

.01 Form 8038-R . This section sets forth terms and procedures for filing claims for recovery of an overpayment of rebate, penalty, or yield reduction with respect to an issue (an overpayment amount ). In order to receive any recovery of an overpayment amount, an issuer must duly file a claim for recovery of an overpayment amount (a refund claim ) on the then-applicable form ( form ) and at the then-applicable place of filing, as announced by the Service from time to time. Presently, a refund claim shall be made by completing Form 8038–R and filing the form and any attachments thereto with the Internal Revenue Service, Ogden Submission Processing Center, Ogden, Utah, 84201 ( Ogden Center ).

.02 Filing Deadline for Refund Claims on Overpayment Amounts . Except as provided in section 6.02, the form for making a refund claim for an overpayment amount must be filed by an issuer no later than the date that is two years after the final computation date for the applicable issue of bonds under § 1.148–3(e)(2).

.03 Processing a Refund Claim . This section 3.03 describes the present procedures that the Service will employ in processing refund claims on overpayment amounts. These procedures may be refined or revised as necessary, without

Lawrence Mack at (202) 622–4940 (not a toll-free call).

26 CFR 601.601: Rules and regulations. (Also Part I, §§ 103; 148; 1.148–3, 1.148–13T.)

Rev. Proc. 2008–37