[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR70.74]

[Page 1058]
 
            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. 70.74  Request for prompt assessment.

    (a) Except as otherwise provided in Sec. 70.223 of this part, any 
tax for which a return is required and for which:
    (1) A decedent or an estate of a decedent may be liable, or
    (2) A corporation which is contemplating dissolution, is in the 
process of dissolution, or has been dissolved, may be liable, shall be 
assessed, or a proceeding in court without assessment for the collection 
of such tax shall be begun, within 18 months after the receipt of a 
written request for prompt assessment thereof.
    (b) The executor, administrator, or other fiduciary representing the 
estate of the decedent, or the corporation, or the fiduciary 
representing the dissolved corporation, as the case may be, shall, after 
the return in question has been filed, file the request for prompt 
assessment in writing with the appropriate ATF officer. The request, in 
order to be effective, must be transmitted separately from any other 
document, must set forth the classes of tax and the taxable periods for 
which the prompt assessment is requested, and must clearly indicate that 
it is a request for prompt assessment under the provisions of 26 U.S.C. 
6501(d). The effect of such a request is to limit the time in which an 
assessment of tax may be made, or a proceeding in court without 
assessment for collection of tax may be begun, to a period of 18 months 
from the date the request is filed with the proper regional director 
(compliance) or with the Chief, Tax Processing Center. The request does 
not extend the time within which an assessment may be made, or a 
proceeding in court without assessment shall be begun, after the 
expiration of 3 years from the date the return was filed. This special 
period of limitations will not apply to any return filed after a request 
for prompt assessment has been made unless an additional request is 
filed in the manner provided herein.
    (c) In the case of a corporation the 18-month period shall not apply 
unless:
    (1) The written request notifies the appropriate ATF officer that 
the corporation contemplates dissolution at or before the expirationof 
such 18-month period; the dissolution is in good faith begun before the 
expiration of such 18-month period; and the dissolution so begun is 
completed either before or after the expiration of such 18-month period; 
or
    (2) The written request notifies the appropriate ATF officer that a 
dissolution has in good faith begun, and the dissolution is completed 
either before or after the expiration of such 18-month period; or
    (3) A dissolution has been completed at the time the written request 
is made.

(26 U.S.C. 6501(d))

[T.D. ATF-301, 55 FR 47612, Nov. 14, 1990, as amended by T.D. ATF-353, 
59 FR 2522, Jan. 18, 1994]