Department of the Treasury Internal Revenue Service Schedule 5 (Form 8849) Section 4081(e) Claims (R-2025

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Generally, if you fully paid the tax and the IRS denies your tax refund claim, or if the IRS takes no action on the claim within six months, then you may file a refund suit. You can file a suit in a United States District Court or the United States Court of Federal Claims.
An ultimate purchaser of certain fuels uses Schedule 1 to make a claim for refund. The fuels for which a claim can be made are listed on the form. The fuel must have been used in a nontaxable use. See Type of Use below and the instructions for lines 1 through 8 for more information.
What should I do? Request an expedited refund by calling the IRS at 800-829-1040 (TTY/TDD 800-829-4059). Request a manual refund expedited to you.
You can sue but the cost of sueing would out weigh any benefit. The IRS does pay interest if the time is longer than 60 day past the return due date. The IRS hates to pay interest so the refund will be sent as soon as possible.
There are many reasons why the IRS may be holding your refund. You have unfiled or missing tax returns for prior tax years. The check was held or returned due to a problem with the name or address. You elected to apply the refund toward your estimated tax liability for next year.
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At this point, the only Excise forms available for electronic filing are Form 2290, Heavy Highway Vehicle Use Tax; Form 720, Quarterly Federal Excise Tax; and Form 8849, Claim for Refund of Excise Taxes (Schedules 1, 2, 3, 5, 6 and 8).
See our Held or Stopped Refund page or the TAS video for more information. If the IRS is reviewing your return, the review process could take anywhere from 45 to 180 days, depending on the number and types of issues the IRS is reviewing. Follow these steps if you know you made a mistake, before the IRS contacts you.
How long can IRS legally hold refund? There is no statutory limit. However, after 45 days from the filing deadline they must pay interest on the refund, and after six months you can sue them in the Court of Claims.

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