[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR70.71]

[Page 951]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 70--PROCEDURE AND ADMINISTRATION--Table of Contents
 
     Subpart D--Collection of Excise and Special (Occupational) Tax
 
Sec. 70.71  Assessment authority.

    The appropriate ATF officers are authorized and required to make all 
inquiries necessary to the determination and assessment of all taxes 
imposed under the provisions of 26 U.S.C. enforced and administered by 
the Bureau. The appropriate ATF officers are further authorized and 
required to make the determinations and the assessments of such taxes. 
The term ``taxes'' includes interest, additional amounts, additions to 
the taxes, and assessable penalties. The authority of the appropriate 
ATF officers to make assessment includes the following:
    (a) Taxes shown on return. The appropriate ATF officer shall assess 
all taxes determined by the taxpayer or by the appropriate ATF officer 
and disclosed on a return or list.
    (b) Unpaid taxes payable by stamp. (1) If without use of the proper 
stamp:
    (i) Any article upon which a tax is required to be paid by means of 
a stamp is sold or removed for sale or use by the manufacturer thereof, 
or
    (ii) Any transaction or act upon which a tax is required to be paid 
by means of a stamp occurs, the appropriate ATF officer, upon such 
information as can be obtained, must estimate the amount of the tax 
which has not been paid and the appropriate ATF officer must make 
assessment therefor upon the person the appropriate ATF officer 
determines to be liable for the tax. However, the appropriate ATF 
officer may not assess any tax which is payable by stamp unless the 
taxpayer fails to pay such tax at the time and in the manner provided by 
law or regulations.
    (2) If a taxpayer gives a check or money order as a payment for 
stamps but the check or money order is not paid upon presentment, then 
the appropriate ATF officer shall assess the amount of the check or 
money order against the taxpayer as if it were a tax due at the time the 
check or money order was received by appropriate ATF officer.

(26 U.S.C. 6201)

[T.D. ATF-301, 55 FR 47611, Nov. 14, 1990]