26 CFR Ch. I (4–1–20 Edition)

§ 301.6511(a)–1 26 CFR Ch. I (4–1–20 Edition)

otherwise expire with respect to Corporation (5) Computation of 60-day period when P’s 2007 return), a court proceeding is last day of assessment period falls on a brought to enforce the designated summons weekend or holiday. For purposes of issued to Corporation P. On June 6, 2011, the paragraph (c)(1)(ii) of this section, in court orders Corporation P to comply with the designated summons. Corporation P does determining whether a designated sum- not appeal the court’s order. On September 6, mons has been issued at least 60 days 2011, agents for Corporation P deliver mate- before the date on which the period of rial that they state are the records requested limitations on assessment prescribed in by the designated summons. On October 13, section 6501 expires, the provisions of 2011, a final resolution to Corporation P’s re- section 7503 apply when the last day of sponse to the designated summons occurs the assessment period falls on a Satur- when it is determined that Corporation P day, Sunday, or legal holiday. has fully complied with the court’s order. (e) Effective/applicability date. This The suspension period applicable with respect to the designated summons issued to section is applicable on July 31, 2009. Corporation P consists of the judicial en- [T.D. 9455, 74 FR 38097, July 31, 2009] forcement period (March 3, 2011, through Oc- tober 13, 2011) and an additional 120-day pe- LIMITATIONS ON CREDIT OR REFUND riod under section 6503(j)(1)(B), because the court required Corporation P to comply with § 301.6511(a)–1 Period of limitation on the designated summons. Thus, the suspen- filing claim. sion period applicable with respect to the designated summons issued to Corporation P (a) In the case of any tax (other than begins on March 3, 2011, and ends on Feb- a tax payable by stamp): ruary 10, 2012. Under the facts of this Example (1) If a return is filed, a claim for 1, the period of limitations on assessment credit or refund of an overpayment against Corporation P further extends to February 24, 2012, to account for the addi- must be filed by the taxpayer within 3 tional 14 days that remained on the period of years from the time the return was limitations on assessment under section 6501 filed or within 2 years from the time when the suspension period under section the tax was paid, whichever of such pe- 6503(j) began. riods expires the later. Example 2. Assume the same facts set forth (2) If no return is filed, the claim for in Example 1, except that in addition to the credit or refund of an overpayment issuance of the designated summons and re- must be filed by the taxpayer within 2 lated enforcement proceedings, on April 5, 2011, a summons concerning Corporation P’s years from the time the tax was paid. 2007 return is issued and served on individual (b) In the case of any tax payable by A, a third party. This summons is not a re- means of a stamp, a claim for credit or lated summons because it was not issued refund of an overpayment of such tax during the 30-day period that began on the must be filed by the taxpayer within 3 date the designated summons was issued. years from the time the tax was paid. The third-party summons served on indi- For provisions relating to redemption vidual A is subject to the notice require- of unsued stamps, see section 6805. ments of section 7609(a). Final resolution of individual A’s response to this summons does (c) For limitations on allowance of not occur until February 15, 2012. Because credit or refund, special rules, and ex- there is no final resolution of individual A’s ceptions, see subsections (b) through response to this summons by October 5, 2011, (e) of section 6511. For limitations in which is six months from the date of service the case of a petition to the Tax Court, of the summons, the period of limitations on see section 6512. For rules as to time assessment against Corporation P is sus- return is deemed filed and tax consid- pended under section 7609(e)(2) to the date on which there is a final resolution to that re- ered paid, see section 6513. sponse for the purposes of section 7609(e)(2). Moreover, because final resolution to the § 301.6511(b)–1 Limitations on allow- summons served on individual A does not ance of credits and refunds. occur until after February 10, 2012, the end of (a) Effect of filing claim. Unless a the suspension period for the designated claim for credit or refund of an over- summons, the period of limitations on as- payment is filed within the period of sessment against Corporation P expires 14 days after the date that the final resolution limitation prescribed in section 6511(a), as provided for in section 7609(e)(2) occurs no credit or refund shall be allowed or with respect to the summons served on indi- made after the expiration of such pe- vidual A. riod.

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