Page:United States Statutes at Large Volume 53 Part 1.djvu/150

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138 CODIFICATION OF INTERNAL REVENUE LAWS (2) FIDUCIARIEs.- The liability of a fiduciary under section 3467 of the Revised Statutes (U. S. C ., Title 31, §192) in respect of the payment of any such tax from the estate of the decedent. Any such liability may be either as to the amount of tax shown on the return or as to any deficiency in tax. (b) PERIOD or LIMITATION.- The period of limitation for assess- ment of any such liability of a transferee or fiduciary shall be as follows: (1) Within one year after the expiration of the period of limi- tation for assessment against the executor. (2) If a court proceeding against the executor for the collection of the tax has been begun within the period provided in para- graph (1)-then within one year after return of execution in such proceeding. (c) SUSPENSION or RUNNING OF STATUTE OF LIMITATIONS.-The running of the statute of limitations, upon the assessment of the lia- bility of a transferee or fiduciary shall, after the mailing of the notice under section 871 (a) to the transferee or fiduciary, be sus- pended for the period during which the Commissioner is prohibited from making the assessment in respect of the liability of the trans- feree or fiduciary (and in any event, if a proceeding in respect of the liability is placed on the docket of the Board, until the decision of the Board becomes final), and for 60 days thereafter. (d) PROHIBITION OF SUITS TO RESTRAIN ENFORCEMENT OF LIABILITY OF TRANSFEREE OR FIDUCIARY.- NO suit shall be maintained in any court for the purpose of restraining the assessment or collection of (1) the amount of the liability, at law or in equity, of a transferee of property of a taxpayer in respect of any estate tax, or (2) the amount of the liability of a fiduciary under section 3467 of the Re- vised Statutes (U. S . C., Title 31, § 192) in respect of any such tax. (e) DEFINITION OF "TRANSFEREE". -As used in this section, the term "transferee" includes heir, legatee, devisee, and distributee. SEC. 901. NOTICE OF FIDUCIARY RELATIONSHIP. (a) FIDUCIARY OF DECEDENT.- Upon notice to the Commissioner that any person is acting as executor, such person shall assume the powers, rights, duties, and privileges of an executor in respect of the tax imposed by this subcllapter until notice is given that such person is no longer acting as executor. (b) FIDUCIARY OF T'RANSFi:itEE. -U l)on notice to the Commissioner that any perlson is acling in a fiduciary capacity for a person subject to the liability specified in section 900, the fiduciary shall assume on behalf of such person the powers, rights, duties, and privileges of such person under such section (except that the liability shall be collected from the estate of such person), until notice is given that the fiduciary capacity has terminated. (C) MANNER OF NOTICE. -Notice under subsection (a) or (b) shall be given in accordance with regulations prescribed by the Commis- sioner with the approval of the Secretary. (d) ADDRESS FOR NOTICE OF LIABILITY.- -In the absence of any notice to the Commissioner under subsection (a) or (b), notice under this subchapter of a deficiency or other liability, if addressed in the name of the decedent or other person subject to liability and mailed to his last known address, shall be sufficient for the purposes of this sub- chapter. SUPPLEMENT D-REFUNDS SEC. 910. PERIOD OF LIMITATION FOR FILING CLAIMS. All claims for the refunding of the tax imposed by this subchapter alleged to have been erroneously or illegally assessed or collected must be presented to the Commissioner within three years next after the payment of such tax. The amount of the refund shall not exceed the portion of the tax paid during the three years immediately preceding