Internal Revenue Code §6333 - PRODUCTION OF BOOKS

If a levy has been made or is about to be made on any property, or right to property, any person having custody or control of any books or records, containing evidence or statements relating to the property or right to property subject to levy, shall, upon demand of the Secretary, exhibit such books or records to the Secretary.

.01 Amended by P.L. 94-455 (Deadwood Act). For details, see the Code Volumes.

§301.6333-1., Production of books. --If a levy has been made or is about to be made on any property or rights to property, any person, having custody or control of any books or records containing evidence or statements relating to the property or rights to property subject to levy, shall, upon demand of the internal revenue officer who has made or is about to make the levy, exhibit such books or records to such officer. ]

.01 Historical Comment: Proposed 12/11/54. Adopted 12/31/54 by T.D. 6119.

T.D. 6119., 1955-1 CB 145


SECTION 6201.--ASSESSMENT AUTHORITY
26 CFR 301.6201 -1: Assessment authority. (Also Sections 6301, 6402, 6404; 26 CFR 301.6301 -1, 301.6402 -1, 301.6404 -1.)
TITLE 26--INTERNAL REVENUE.--CHAPTER I, SUBCHAPTER F, PART 301

Regulations under chapters 63, 64, and 65 of the Internal Revenue Code of 1954, relating to assessment, collection, abatements, credits, and refunds.

TREASURY DEPARTMENT,
OFFICE OF COMMISSIONER OF INTERNAL REVENUE,
Washington 25, D. C.

To Officers and Employees of the Internal Revenue Service and Others Concerned:

On December 11, 19 54, there was published in the Federal Register (19 F. R. 8457) a notice of proposed rule making regarding regulations under chapter 63, relating to assessment, chapter 64 (except section 6316), relating to collection, and chapter 65, relating to abatements, credits, and refunds, of the Internal Revenue Code of 1954. On December 15, 19 54, a correction notice making four changes in the proposed regulations was published in the Federal Register (19 F. R. 8580). After consideration of all relevant matter presented by interested parties regarding the rules proposed, the following regulations are hereby adopted.

Sec.

$BASSESSMENT

                   IN GENERAL

301.6201
           Statutory provisions; assessment authority.

301.6201
-1         Assessment authority.

                   Statutory provisions; establishment by regulations of mode or time

301.6202
           of assessment.

301.6203
           Statutory provisions; method of assessment.

301.6203
-1         Method of assessment.

301.6204
           Statutory provisions; supplemental assessments.

301.6204
-1         Supplemental assessment.

                   Statutory provisions; special rules applicable to certain employment

301.6205
           taxes.

301.6205
-1         Special rules applicable to certain employment taxes.

301.6206
           Statutory provisions; cross references.

$BDEFICIENCY

PROCEDURES

301.6211
           Statutory provisions; definition of a deficiency.

301.6211
-1         Deficiency defined.

301.6212
           Statutory provisions; notice of deficiency.

301.6212
-1         Notice of deficiency.

                   Statutory provisions; restrictions applicable to deficiencies; petition

301.6213
           to Tax Court.

301.6213
-1         Restrictions applicable to deficiencies; petition to Tax Court.

301.6214
           Statutory provisions; determinations by Tax Court.

301.6215
           Statutory provisions; assessment of deficiency found by Tax Court.

301.6215
-1         Assessment of deficiency found by Tax Court.

301.6216
           Statutory provisions; cross references.

$BCOLLECTION

                   GENERAL PROVISIONS

301.6301
           Statutory provisions; collection authority.

301.6301
-1         Collection authority.

301.6302
           Statutory provisions; mode or time of collection.

                   Use of Federal reserve banks and authorized commercial banks in

                   connection with the payment of certain employment and excise

301.6302
-1         taxes.

301.6303
           Statutory provisions; notice and demand for tax.

301.6303
-1         Notice and demand for tax.

301.6304
           Statutory provisions; collection under the Tariff Act.

                   RECEIPT OF PAYMENT

301.6311
           Statutory provisions; payment by check or money order.

301.6311
-1         Payment by check or money order.

                   Statutory provisions; payment by 

United States

 notes and certificates

301.6312
           of indebtedness.

                   Treasury certificates of indebtedness, Treasury notes, and Treasury

301.6312
-1         bills acceptable in payment of internal revenue taxes or stamps.

                   Certain Treasury savings notes acceptable in payment of certain

301.6312
-2         internal revenue taxes.

301.6313
           Statutory provisions; fractional parts of a cent.

301.6313
-1         Fractional parts of a cent.

301.6314
           Statutory provisions; receipt for taxes.

301.6314
-1         Receipt for taxes.

301.6315
           Statutory provisions; payments of estimated income tax.

301.6315
-1         Payments of estimated income tax.

301.6316
           Statutory provisions; payment by foreign currency.

                   LIEN FOR TAXES

301.6321
           Statutory provisions; lien for taxes.

301.6321
-1         Lien for taxes.

301.6322
           Statutory provisions; period of lien.

                   Statutory provisions; validity against mortgagees, pledgees, purchasers,

301.6323
           and judgment creditors.

                   Validity of lien against mortgagees, pledgees, purchasers, and judgment

301.6323
-1         creditors.

301.6324
           Statutory provisions; special liens for estate and gift taxes.

                   Special liens for estate and gift taxes; personal liability of transferees

301.6324
-1         and others.

301.6325
           Statutory provisions; release of lien or partial discharge of property.

301.6325
-1         Release of lien or partial discharge of property.

301.6326
           Statutory provisions; cross references.

                   SEIZURE OF PROPERTY FOR COLLECTION OF TAXES

301.6331
           Statutory provisions; levy and distraint.

301.6331
-1         Levy and distraint.

301.6332
           Statutory provisions; surrender of property subject to levy.

301.6332
-1         Surrender of property subject to levy.

301.6333
           Statutory provisions; production of books.

301.6333
-1         Production of books.

301.6334
           Statutory provisions; property exempt from levy.

301.6334
-1         Property exempt from levy.

301.6335
           Statutory provisions; sale of seized property.

301.6335
-1         

Sale

 of seized property.

301.6336
           Statutory provisions; sale of perishable goods.

301.6336
-1         

Sale

 of perishable goods.

301.6337
           Statutory provisions; redemption of property.

301.6337
-1         Redemption of property.

301.6338
           Statutory provisions; certificate of sale; deed of real property.

301.6338
-1         Certificate of sale; deed of real property.

                   Statutory provisions; legal effect of certificate of sale of personal

301.6339
           property and deed of real property.

                   Legal effect of certificate of sale of personal property and deed of

301.6339
-1         real property.

301.6340
           Statutory provisions; records of sale.

301.6340
-1         Records of sale.

301.6341
           Statutory provisions; expense of levy and sale.

301.6341
-1         Expense of levy and sale.

301.6342
           Statutory provisions; application of proceeds of levy.

301.6342
-1         Application of proceeds of levy.

301.6343
           Statutory provisions; authority to release levy.

301.6343
-1         Authority to release levy.

301.6344
           Statutory provisions; cross references.

$

BAbatements,

Credits and

Refunds

                   PROCEDURE IN GENERAL

301.6401
           Statutory provisions; amounts treated as overpayments.

301.6401
-1         Amounts treated as overpayments.

301.6402
           Statutory provisions; authority to make credits or refunds.

301.6402
-1         Authority to make credits or refunds.

301.6402
-2         Claims for credit or refund.

301.6402
-3         Special rules applicable to income tax.

301.6402
-4         Payments in excess of amounts shown on return.

301.6402
-5         Claim for payment of judgment obtained against district director.

                   Claim for payment of judgment obtained in 

United States

 district

301.6402
-6         court against the 

United States

.

                   Claim for payment of judgment obtained in the Court of Claims

301.6402
-7         against the 

United States

.

301.6403
           Statutory provisions; overpayment of installment.

301.6403
-1         Overpayment of installment.

301.6404
           Statutory provisions; abatements.

301.6404
-1         Abatements.

301.6405
           Statutory provisions; reports of refunds and credits.

301.6405
-1         Reports of refunds and credits.

301.6406
           Statutory provisions; prohibition of administrative review of decisions.

301.6407
           Statutory provisions; date of allowance of refund or credit.

301.6407
-1         Date of allowance of refund or credit.

                   RULES OF SPECIAL APPLICATION

301.6411
           Statutory provisions; tentative carryback adjustments.

301.6411
-1         Tentative carryback adjustments.

301.6412
           Statutory provisions; floor stock refunds.

301.6412
-1         Floor stocks refunds.

                   Statutory provisions; special rules applicable to certain employment

301.6413
           taxes.

301.6413
-1         Special rules applicable to certain employment taxes.

301.6414
           Statutory provisions; income tax withheld.

301.6414
-1         Income tax withheld.

                   Statutory provisions; credits or refunds to persons who collected certain

301.6415
           taxes.

301.6415
-1         Credits or refunds to persons who collected certain taxes.

301.6416
           Statutory provisions; certain taxes on sales and services.

301.6416
-1         Certain taxes on sales and services.

301.6417
           Statutory provisions; coconut and palm oil.

301.6417
-1         Coconut and palm oil.

301.6418
           Statutory provisions; sugar.

301.6418
-1         Sugar.

301.6419
           Statutory provisions; excise tax on wagering.

301.6419
-1         Excise tax on wagering.

301.6420
           Statutory provisions; cross references.

                   EFFECTIVE DATE 
AND
 RELATED PROVISIONS

301.7851
           Statutory provisions; applicability of revenue laws.

AUTHORITY: §§ 301.6201 to 301.7851 issued under sec. 7805, 68A Stat. 917; 26 U. S. C. 7805.

ASSESSMENT

IN GENERAL

SEC . 301.6201 . STATUTORY PROVISIONS; ASSESSMENT AUTHORITY.

SEC . 6201. ASSESSMENT AUTHORITY.

(a) Authority of Secretary or delegate. The Secretary or his delegate is authorized and required to make the inquiries, determinations, and assessments of all taxes (including interest, additional amounts, additions to the tax, and assessable penalties) imposed by this title, or accruing under any former internal revenue law, which have not been duly paid by stamp at the time and in the manner provided by law. Such authority shall extend to and include the following:

(1) Taxes shown on return.--The Secretary or his delegate shall assess all taxes determined by the taxpayer or by the Secretary or his delegate as to which returns or lists are made under this title.

(2) Unpaid taxes payable by stamp.

(A) Omitted stamps.--Whenever 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 whenever any transaction or act upon which a tax is required to be paid by means of a stamp occurs without the use of the proper stamp, it shall be the duty of the Secretary or his delegate, upon such information as he can obtain, to estimate the amount of tax which has been omitted to be paid and to make assessment therefor upon the person or persons the Secretary or his delegate determines to be liable for such tax.

(B) Check or money order not duly paid.--In any case in which a check or money order received under authority of section 6311 as payment for stamps is not duly paid, the unpaid amount may be immediately assessed as if it were a tax imposed by this title, due at the time of such receipt, from the person who tendered such check or money order.

(3) Erroneous income tax prepayment credits.--If on any return or claim for refund of income taxes under subtitle A there is an overstatement of the credit for income tax withheld at the source, or of the amount paid as estimated income tax, the amount so overstated which is allowed against the tax shown on the return or which is allowed as a credit or refund may be assessed by the Secretary or his delegate in the same manner as in the case of a mathematical error appearing upon the return.

(b) Estimated income tax.--No unpaid amount of estimated tax under section 6153 or 6154 shall be assessed.

(c) Compensation of child.--Any income tax under chapter 1 assessed against a child, to the extent attributable to amounts includible in the gross income of the child, and not of the parent, solely by reason of section 73(a), shall, if not paid by the child, for all purposes be considered as having also been properly assessed against the parent.

(d) Deficiency proceedings.--For special rules applicable to deficiencies of income, estate, and gift taxes, see subchapter B.

SEC . 301.6201 -1. ASSESSMENT AUTHORITY--(a) In general.--The District Director is authorized and required to make all inquiries necessary to the determinations and assessments of all taxes imposed by the Internal Revenue Code of 1954 or any prior internal revenue law. He is further authorized and required to make the determinations and the assessments of such taxes. However, certain inquiries and determinations are, by direction of the Commissioner, made by other officials, such as Assistant Regional Commissioners. The term "taxes" includes interest, additional amounts, additions to the taxes, and assessable penalties. The authority of the District Director to make assessments includes the following:

(1) Taxes shown on return.--The District Director shall assess all taxes determined by the taxpayer or by the District Director and disclosed on a return or list.

(2) Unpaid taxes payable by stamp. (i) If without the use of the proper stamp:

(a) 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

(b) Any transaction or act upon which a tax is required to be paid by means of a stamp occurs:

the District Director, upon such information as he can obtain, must estimate the amount of the tax which has not been paid and must make assessment therefor upon the person the District Director determines to be liable for the tax. However, the District Director 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.

(ii) If a taxpayer gives a check or money order as payment for stamps but the check or money order is not paid upon presentment, then the District Director 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 the District Director.

(3) Erroneous income tax prepayment credits.--If the amount of income tax withheld or the amount of estimated income tax paid is overstated by a taxpayer on a return or on a claim for refund, the amount so overstated which is allowed against the tax shown on the return or which is allowed as a credit or refund shall be assessed by the District Director in the same manner as in the case of a mathematical error on the return. See section 6213(b)(1), relating to exceptions to restrictions on assessment.

(b) Estimated income tax.--The District Director shall not assess any amount of estimated income tax required to be paid under section 6153 or 6154 which is unpaid.

(c) Compensation of child.--Any income tax assessed against a child, to the extent of the amount attributable to income included in the gross income of the child solely by reason of section 73(a) or the corresponding provision of prior law, if not paid by the child, shall, for the purposes of the income tax imposed by chapter 1 (or the corresponding provisions of prior law), be considered as having also been properly assessed against the parent. In any case in which the earnings of the child are included in the gross income of the child solely by reason of section 73(a) or the corresponding provision of prior law, the parent's liability is an amount equal to the amount by which the tax assessed against the child (and not paid by him) has been increased by reason of the inclusion of such earnings in the gross income of the child. Thus, if for the calendar year 1954 the child has income of $1,000 from investments and of $3,000 for services rendered, and the latter amount is includible in the gross income of the child under section 73(a) and the child has no wife or dependents, the tax liability determined under section 3 is $625. If the child had only the investment income of $1,000, his tax liability would be $62. If the tax of $625 is assessed against the child, the difference between $625 and $62, or $563, is the amount of such tax which is considered to have been properly assessed against the parent, if not paid by the child.

SEC . 301.6202 . STATUTORY PROVISIONS; ESTABLISHMENT BY REGULATIONS OF MODE OR TIME OF ASSESSMENT.

SEC . 6202. ESTABLISHMENT BY REGULATIONS OF MODE OR TIME OF ASSESSMENT.

If the mode or time for the assessment of any internal revenue tax (including interest, additional amounts, additions to the tax, and assessable penalties) is not otherwise provided for, the Secretary or his delegate may establish the same by regulations.

SEC . 301.6203 . STATUTORY PROVISIONS; METHOD OF ASSESSMENT.

SEC . 6203. METHOD OF ASSESMENT.

The assessment shall be made by recording the liability of the taxpayer in the office of the Secretary or his delegate in accordance with rules or regulations prescribed by the Secretary or his delegate. Upon request of the taxpayer, the Secretary or his delegate shall furnish the taxpayer a copy of the record of the assessment.

SEC . 301.6203 -1. METHOD OF ASSESSMENT.

The District Director shall appoint one or more assessment officers, and the assessment shall be made by an assessment officer signing the summary record of assessment. The summary record, through supporting records, shall provide identification of the taxpayer, the character of the liability assessed, the taxable period if applicable, and the amount of the assessment. The amount of the assessment shall in the case of tax shown on a return by the taxpayer, be the amount so shown, and in all other cases the amount of the assessment shall be the amount shown on the supporting list or record. The date of the assessment is the date the summary record is signed by an assessment officer. If the taxpayer requests a copy of the record of assessment, the District Director shall furnish the taxpayer a copy of the pertinent parts of the assessment which set forth the name of the taxpayer, the date of assessment, the character of the liability assessed, the taxable period, if applicable, and the amounts assessed.

SEC . 301.6204 . STATUTORY PROVISION; SUPPLEMENTAL ASSESSMENTS.

SEC