Sec. 275. (a) General rule.-The Sec. 275. (a) General rule.-The amount of income taxes imposed by amount of income taxes imposed by this chapter shall be assessed within this chapter shall be assessed within three years after the return was three years after the return was filed, and no proceeding in court filed, and no proceeding in court without assessment for the collec- without assessment for the collection of such taxes shall be begun tion of such taxes shall be begun after the expiration of such period. after the expiration of such period.

Sec. 275. (b) Request for prompt Sec. 275. (b) Request for prompt assessment.-In the case of income assessment.-In the case of income received during the lifetime of a received during the lifetime of a decedent, or by his estate during decedent, or by his estate during the period of administration, or by the period of administration, or by a corporation, the tax shall be as- a corporation, the tax shall be assessed, and any proceeding in court sessed, and any proceeding in court without assessment for the collec- without assessment for the collection of such tax shall be begun, tion of such tax shall be begun, within eighteen months after writ- within eighteen months after written request therefor (filed after the ten request therefor (filed after the return is made) by the executor, return is made) by the executor, adadministrator, or other fiduciary ministrator, or other fiduciary reprepresenting the estate of such de- resenting the estate of such decedent, or by the corporation, but cedent, or by the corporation, but not after the expiration of three not after the expiration of three years after the return was filed. years after the return was filed. This subsection shall not apply in This subsection shall not apply in the case of a corporation unless the case of a corporation unless

Sec. 275. (b) (1) Such written Sec. 275. (b) (1) Such written request notifies the, Commissioner request notifies the Commissioner that the corporation contemplates that the corporation contemplates dissolution at or before the expira- dissolution at or before the expiration of such 18 months' period; and tion of such 18 months' period; and

Sec. 275. (b) (2) The dissolution Sec. 275. (b) (2) The dissolution is in good faith begun before the is in good faith begun before the expiration of such 18 months' pe- expiration of such 18 months' period; and riod; and

Sec. 275. (b) (3) The dissolution is completed.

Sec. 275. (b) (3) The dissolution is completed.

Taxable Years
Beginning before 1939

Sec. 275. (a) General rule.

See p. 366, Eighth Edition.

Sec. 275. (b) Request for prompt assessment.

See p. 368, Eighth Edition.

See p. 370, Eighth Edition.

Sec. 275. (c) Omission from Sec. 275. (c) Omission from Sec. 275. (c) Omission from gross income.-If the taxpayer gross income. If the taxpayer gross income. omits from gross income an amount omits from gross income an amount properly includible therein which properly includible therein which is in excess of 25 per centum of is in excess of 25 per centum of the amount of gross income stated the amount of gross income stated in the return, the tax may be as- in the return, the tax may be assessed, or a proceeding in court sessed, or a proceeding in court for for the collection of such tax may the collection of such tax may be be begun without assessment, at any begun without assessment, at any time within 5 years after the re- time within 5 years after the return was filed. turn was filed.

Sec. 275. (d) Constructive divi-| dends. If the taxpayer omits from gross income an amount properly includible therein

See p. 370, Eighth Edition.

Sec. 275. (d) Shareholders of Sec. 275. (d) Shareholders of foreign personal holding com- foreign personal holding companies.-If the taxpayer omits panies. from gross income an amount properly includible therein under section Sec. 275. (d) (1) Foreign per- 337 (b) (relating to the inclusion sonal-holding companies.-Under in the gross income of United section 337 (b) (relating to the States shareholders of their disinclusion in the gross income of tributive shares of the undistributed

ice corporations. Under section ice corporations. Under section ice corporations. Under section 394 (b) (relating to the inclusion 394 (b) (relating to the inclusion in the gross income of shareholders in the gross income of shareholders of their distributive shares of un- of their distributive shares of undistributed Supplement S net in- distributed Supplement S net income of a personal service corpora- come of a personal service corporation); tion);

Sec. 276. Same-Exceptions. Sec. 276. Same-Exceptions. Sec. 276. (a) False return or no Sec. 276. (a) False return or no return. In the case of a false or return.-In the case of a false or fraudulent return with intent to fraudulent return with intent to evade tax or of a failure to file a evade tax or of a failure to file a evade tax or of a failure to file a

United

States shareholders of Supplement P net income of a fortheir distributive shares of the un-eign personal holding company) distributed Supplement P net in- the tax may be assessed, or a procome of a foreign personal-holding ceeding in court for the collection company); or of such tax may be begun without assessment, at any time within Sec. 275. (d) (2) Personal serv-seven years after the return was ice corporations.-Under section filed. 394 (b) (relating to the inclusion in the gross income of shareholders of their distributive shares of undistributed Supplement S net income of a personal service corporation);

the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within seven years after the return was filed:

Sec. 275 (d), I. R. C., supra, amended by Sec. 503, Second R. A. of 1940, approved Oct. 8, 1940, to read as above.

For Sec. 275 (d), I. R. C., supra, before amendment, see Sec. 275 (d), I. R. C., in 1939 column.

Sec. 275. (e) Distributions in Sec. 275. (e) Distributions in liquidation to shareholders.—If the liquidation to shareholders. If the taxpayer omits from gross income taxpayer omits from gross income an amount properly includible an amount properly includible therein under section 115 (c) as therein under section 115 (c) as an amount distributed in liquida- an amount distributed in liquidation of a corporation, other than a tion of a corporation, other than a foreign personal holding company, foreign personal holding company, the tax may be assessed, or a pro- the tax may be assessed, or a proceeding in court for the collection ceeding in court for the collection of such tax may be begun without of such tax may be begun without assessment, at any time within four assessment, at any time within four years after the return was filed. years after the return was filed.

Sec. 275. (f) For the purposes of subsections (a), (b), (c), (d), and (e), a return filed before the last day prescribed by law for the filing thereof shall be considered as filed on such last day.

Sec. 275. (f) For the purposes of subsections (a), (b), (c), (d), and (e), a return filed before the last day prescribed by law for the filing thereof shall be considered as filed on such last day.

Sec. 275. (g) Corporation and Sec. 275. (g) Corporation and shareholder. If a corporation shareholder.—If a corporation makes no return of the tax im- makes no return of the tax imposed by this chapter, but each posed by this chapter, but each of the shareholders includes in his of the shareholders includes in his return his distributive share of the return his distributive share of the net income of the corporation, then net income of the corporation, then the tax of the corporation shall be the tax of the corporation shall be assessed within four years after assessed within four years after the last date on which any such the last date on which any such shareholder's return was filed.

Sec. 276. Same-Exceptions.

shareholder's return was filed.

Sec. 276. Same-Exceptions. Sec. 276. (a) False return or no Sec. 276. (a) False return or no return. In the case of a false or return.-In the case of a false or fraudulent return with intent to fraudulent return with intent to evade tax or of a failure to file a evade tax or of a failure to file a

Taxable Years
Beginning before 1939

Sec. 275. (e) Distributions in liquidation to shareholders.

See p. 370, Eighth Edition.

Sec. 275. (g) Corporation and shareholder.

See p. 372, Eighth Edition.

Sec. 276. Same-Exceptions.

Sec. 276. (a) False return or no return.

See p. 372, Eighth Edition.

Taxable Years
Beginning in 1943

return the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time.

Taxable Years
Beginning in 1942

return the tax may be assessed, or
a proceeding in court for the col-
lection of such tax may be begun
without assessment, at any time.

Taxable Years
Beginning in 1941

return the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. Sec. 276. (b) Waiver.-Where Sec. 276. (b) Waiver.-Where Sec. 276. (b) Waiver.-Where before the expiration of the time before the expiration of the time before the expiration of the time prescribed in section 275 for the prescribed in section 275 for the prescribed in section 275 for the assessment of the tax, both the assessment of the tax, both the assessment of the tax, both the Commissioner and the taxpayer Commissioner and the taxpayer Commissioner and the taxpayer have consented in writing to its have consented in writing to its have consented in writing to its assessment after such time, the tax assessment after such time, the tax assessment after such time, the tax may be assessed at any time prior may be assessed at any time prior may be assessed at any time prior to the expiration of the period to the expiration of the period to the expiration of the period agreed upon. The period so agreed agreed upon. The period so agreed agreed upon. The period so agreed upon may be extended by subse- upon may be extended by subse- upon may be extended by subsequent agreements in writing made quent agreements in writing made quent agreements in writing made before the expiration of the period before the expiration of the period before the expiration of the period previously agreed upon. previously agreed upon. previously agreed upon.

Sec. 276. (c) Collection after as

Sec. 276. (c) Collection after as

Sec. 276. (c) Collection after assessment.-Where the assessment sessment.-Where the assessment sessment.-Where the assessment

of any income tax imposed by this
chapter has been made within the
period of limitation properly ap-
plicable thereto, such tax may be
collected by distraint or by a pro-
ceeding in court, but only if begun
(1) within six years after the as-
sessment of the tax, or (2) prior to

of any income tax imposed by this chapter has been made within the period of limitation properly applicable thereto, such tax may be collected by distraint or by a proceeding in court, but only if begun (1) within six years after the assessment of the tax, or (2) prior to

of any income tax imposed by this chapter has been made within the period of limitation properly applicable thereto, such tax may be collected by distraint or by a proceeding in court, but only if begun (1) within six years after the assessment of the tax, or (2) prior to the expiration of any period for the expiration of any period for the expiration of any period for collection agreed upon in writing collection agreed upon in writing collection agreed upon in writing by the Commissioner and the tax- by the Commissioner and the tax-by the Commissioner and the taxpayer before the expiration of such payer before the expiration of such payer before the expiration of such six-year period. The period so six-year period. The period so six-year period. The period so agreed upon may be extended by agreed upon may be extended by subsequent agreements in writing subsequent agreements in writing made before the expiration of the made before the expiration of the period previously agreed upon. period previously agreed upon.

Sec. 277. Suspension of running of statute.

Sec. 277. Suspension of running of statute.

agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

Sec. 277. Suspension of running of statute.

The running of the statute of The running of the statute of limitations provided in section 275 limitations provided in section 275 or 276 on the making of assessments or 276 on the making of assessments and the beginning of distraint or a and the beginning of distraint or a proceeding in court for collection, proceeding in court for collection, in respect of any deficiency, shall in respect of any deficiency, shall (after the mailing of a notice un- (after the mailing of a notice under section 272 (a)) be suspended der section 272 (a)) be suspended for the period during which the for the period during which the Commissioner is prohibited from Commissioner is prohibited from Commissioner is prohibited from making the assessment or beginning making the assessment or beginning distraint or a proceeding in court distraint or a proceeding in court (and in any event, if a proceeding (and in any event, if a proceeding in respect of the deficiency is placed in respect of the deficiency is placed on the docket of the Board, until on the docket of the Board, until the decision of the Board becomes the decision of the Board becomes final), and for sixty days there- final), and for sixty days thereafter.

after.

The running of the statute of limitations provided in section 275 or 276 on the making of assessments and the beginning of distraint or a proceeding in court for collection, in respect of any deficiency, shall (after the mailing of a notice under section 272 (a)) be suspended for the period during which the making the assessment or beginning distraint or a proceeding in court (and in any event, if a proceeding in respect of the deficiency is placed on the docket of the Board, until the decision of the Board becomes final), and for sixty days thereafter.

Supplement M-Interest and Ad- Supplement M-Interest and Ad- Supplement M-Interest and Ad

ditions to the Tax

Sec. 291. Failure to file return.
Sec. 291. (a) In case of any fail-

ditions to the Tax

Sec. 291. Failure to file return.
In case of any failure to make

ditions to the Tax

Sec. 291. Failure to file return. In case of any failure to make file return required by this

ure to make and file return required and file return required by this and

Taxable Years
Beginning in 1940

return the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time.

Taxable Years
Beginning in 1939

return the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. Sec. 276. (b) Waiver.-Where Sec. 276. (b) Waiver.-Where before the expiration of the time before the expiration of the time prescribed in section 275 for the prescribed in section 275 for the assessment of the tax, both the assessment of the tax, both the Commissioner and the taxpayer Commissioner and the taxpayer have consented in writing to its have consented in writing to its assessment after such time, the tax assessment after such time, the tax may be assessed at any time prior may be assessed at any time prior to the expiration of the period to the expiration of the period agreed upon. The period so agreed agreed upon. The period so agreed upon may be extended by subse- upon may be extended by subsequent agreements in writing made quent agreements in writing made before the expiration of the period before the expiration of the period previously agreed upon. previously agreed upon.

Sec. 276. (c) Collection after as- Sec. 276. (c) Collection after assessment. Where the assessment sessment.-Where the assessment of any income tax imposed by this of any income tax imposed by this chapter has been made within the chapter has been made within the period of limitation properly ap- period of limitation properly applicable thereto, such tax may be plicable thereto, such tax may be collected by distraint or by a pro- collected by distraint or by a proceeding in court, but only if begun ceeding in court, but only if begun (1) within six years after the as- (1) within six years after the assessment of the tax, or (2) prior to sessment of the tax, or (2) prior to the expiration of any period for the expiration of any period for collection agreed upon in writing collection agreed upon in writing by the Commissioner and the tax- by the Commissioner and the taxpayer before the expiration of such payer before the expiration of such six-year period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

Sec. 277. Suspension of running of statute.

six-year period. The period so
agreed upon may be extended by
subsequent agreements in writing
made before the expiration of the
period previously agreed upon.

Sec. 277. Suspension of running
of statute.

The running of the statute of The running of the statute of limitations provided in section 275 limitations provided in section 275 or 276 on the making of assessments or 276 on the making of assessments and the beginning of distraint or a and the beginning of distraint or a proceeding in court for collection, proceeding in court for collection, in respect of any deficiency, shall in respect of any deficiency, shall (after the mailing of a notice un- (after the mailing of a notice under section 272 (a)) be suspended der section 272 (a)) be suspended for the period during which the for the period during which the Commissioner is prohibited from Commissioner is prohibited from making the assessment or beginning making the assessment or beginning distraint or a proceeding in court distraint or a proceeding in court (and in any event, if a proceeding (and in any event, if a proceeding in respect of the deficiency is placed in respect of the deficiency is placed on the docket of the Board, until on the docket of the Board, until the decision of the Board becomes the decision of the Board becomes final), and for sixty days there- final), and for sixty days thereafter.

after.

Taxable Years
Beginning before 1939

Sec. 276. (b) Waiver.

See p. 372, Eighth Edition.

Sec. 276. (c) Collection after assessment.

See p. 374, Eighth Edition.

Sec. 277. Suspension of running of statute.

See p. 376, Eighth Edition.

Supplement M-Interest and Ad- Supplement M-Interest and Ad- Supplement M-Interest and Ad

ditions to the Tax

ditions to the Tax

Sec. 291. Failure to file return.
In case of any failure to make
file return required by this

Sec. 291. Failure to file return. In case of any failure to make and file return required by this and

ditions to the Tax

Sec. 291. Failure to file return.
See p. 376, Eighth Edition.