Page:United States Statutes at Large Volume 52.djvu/580

 52 STAT.] 75TH CONG. , 3D SESS.- CH. 28--MAY 28, 1938 appointment of the receiver to a date 30 days after the date upon which the notice from the trustee or receiver is received by the Commissioner; but the suspension under this sentence shall m no case be for a period in excess of two years. Claims for the deficiency and such interest, additional amounts and additions to the tax may be presented, for adjudication in accordance with law, to the court before which the bankruptcy or receivership proceeding is pending, despite the pendency of proceedings for the redetermination of the deficiency in pursuance of a petition to the Board; but no petition for any such redetermination shall be filed with the Board after the adjudication of bankruptcy or the appointment of the receiver. (b) UNPAID CLAIMS.- Any portion of the claim allowed in such bankruptcy or receivership proceeding which is unpaid shall be paid by the taxpayer upon notice and demand from the collector after the termination of such proceeding, and may be collected by distraint or proceeding in court within six years after termination of such proceeding. Extensions of time for such payment may be had in the same manner and subject to the same provisions and limitations as are provided in section 272 (j) and section 296 in the case of a deficiency in a tax imposed by this title. SEC. 275. PERIOD OF LIMITATION UPON ASSESSMENT AND COLLEC- TION. Except as provided in section 276- (a) GENERAL RULE. - The amount of income taxes imposed by this title shall be assessed within three years after the return was filed, and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of such period. (b) REQUEST FOR PROMPT ASSEsSMENT. -In the case of income received during the lifetime of a decedent, or by his estate during the period of administration, or by a corporation, the tax shall be assessed, and any proceeding in court without assessment for the collection of such tax shall be begun, within eighteen months after written request therefor (filed after the return is made) by the exec- utor, administrator, or other fiduciary representing the estate of such decedent, or by the corporation, but not after the expiration of three years after the return was filed. This subsection shall not apply in the case of a corporation unless- (1) Such written request notifies the Commissioner that the corporation contemplates dissolution at or before the expiration of such 18 months' period; and (2) The dissolution is in good faith begun before the expira- tion of such 18 months' period; and (3) The dissolution is completed. (c) OMISSION FROM GROSS INCOME.- I f the taxpayer omits from gross income an amount properly includible therein which is in excess -f 25 per centum of the amount of gross income stated in the 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 within 5 years after the return was filed. (d) SHAREHOLDERS OF FOREIGN PERSONAL HOLDING COMPANIES.- I f the taxpayer omits from gross income an amount properly includible therein under section 337 (b) (relating to the inclusion i the gross income of United States shareholders of their distributive shares of the undistributed Supplement P net income of a foreign personal holding company) 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. 539 Presentation of claims. Unpaid claims. Time extensions. Ante, p. 536; post, p. 542. Period of limitation upon assessment and collection. Post, p. 540. General rule. Request for prompt assessment. Corporations;exoep- tions. Omission from gross income. Shareholders of for- eign personal holding companies. Post, p. 650. Port, p. 545.

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