| 2. Limit on amount of claim or refund. If the claim is filed |
| by the taxpayer during the 3-year period prescribed in subsection |
1, the amount of the credit or refund shall may not exceed the |
| portion of the tax paid within the 3 years immediately preceding |
| the filing of the claim plus the period of any extension of time |
for filing the return. If the claim is not filed within such 3- |
year period, but is filed within the 2-year period, the amount of |
the credit or refund shall not exceed the portion of the tax paid |
during the 2 years immediately preceding the filing of the claim. |
If no claim is filed, the any credit or refund shall allowed upon |
an audit of the taxpayer may not exceed the amount which that |
would be allowable under either of the preceding sentences, as |
the case may be, if a claim was filed this subsection, if a claim |
| had been filed by the taxpayer on the date the credit or refund |
| is allowed. |