Page:United States Statutes at Large Volume 104 Part 2.djvu/861

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-453 PART II—COMPLIANCE PROVISIONS SEC. 11311. SUSPENSION OF STATUTE OF LIMITATIONS DURING PROCEED- INGS TO ENFORCE CERTAIN SUMMONSES. (a) GENERAL RULE. —Section 6503 (relating to suspension of running of period of limitation) is amended by redesignating subsection (k) as subsection (1) and by inserting after subsection (j) the following new subsection: "(k) EXTENSION IN CASE OF CERTAIN SUMMONSES. — "(1) IN GENERAL. — If any designated summons is issued by the Secretary with respect to any return of tax by a corporation, the running of any period of limitations provided in section 6501 on the assessment of such tax shall be suspended— "(A) during any judicial enforcement period— "(i) with respect to such summons, or "(ii) with respect to any other summons which is issued during the 30-day period which begins on the date on which such designated summons is issued and which relates to the same return as such designated summons, and "(B) if the court in any proceeding referred to in paragraph (3) requires any compliance with a summons referred to in subparagraph (A), during the 120-day period beginning with the 1st day after the close of the suspension under subparagraph (A). If subparagraph (B) does not apply, such period shall in no event expire before the 60th day after the close of the suspension under subparagraph (A). "(2) DESIGNATED SUMMONS. —For purposes of this subsection— "(A) IN GENERAL.— The term 'designated summons' means any summons issued for purposes of determining the amount of any tax imposed by this title if— "(i) such summons is issued at least 60 days before the day on which the period prescribed in section 6501 for the Eissessment of such tax expires (determined with regard to extensions), and "(ii) such summons clearly states that it is a designated summons for purposes of this subsection. "(B) LIMITATION. — A summons which relates to any return shall not be treated as a designated summons if a prior summons which relates to such return was treated as a designated summons for purposes of this subsection. "(3) JUDICIAL ENFORCEMENT PERIOD. —For purposes of this subsection, the term 'judicial enforcement period means, with respect to any summons, the period— "(A) which begins on the day on which a court proceeding ^ with respect to such summons is brought, and "(B) which ends on the day on which there is a final resolution as to the summoned person's response to such summons. " 0)) EFFECTIVE DATE.— The amendment made by subsection (a) 26 USC 6503 shall apply to any tgix (whether imposed before, on, or after the date ^o*®. of the enactment of this Act) if the period prescribed by section 6501 of the Internal Revenue Code of 1986 for the assessment of such tax (determined with regard to extensions) has not expired on such date of the enactment.