[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.6020-1]

[Page 22]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                         Information and Returns
 
Sec. 301.6020-1  Returns prepared or executed by district directors or 
other internal revenue officers.

    (a) Preparation of returns--(1) In general. If any person required 
by the Code or by the regulations prescribed thereunder to make a return 
fails to make such return, it may be prepared by the district director 
or other authorized internal revenue officer or employee provided such 
person consents to disclose all information necessary for the 
preparation of such return. The return upon being signed by the person 
required to make it shall be received by the district director as the 
return of such person.
    (2) Responsibility of person for whom return is prepared. A person 
for whom a return is prepared in accordance with subparagraph (1) of 
this paragraph shall for all legal purposes remain responsible for the 
correctness of the return to the same extent as if the return had been 
prepared by him.
    (b) Execution of returns--(1) In general. If any person required by 
any internal revenue law or by the regulations prescribed thereunder to 
make a return (other than a declaration of estimated tax required under 
section 6015 or 6016) fails to make such return at the time prescribed 
therefor, or makes, willfully or otherwise, a false or fraudulent 
return, the district director or other authorized internal revenue 
officer or employee shall make such return from his own knowledge and 
from such information as he can obtain through testimony or otherwise.
    (2) Status of returns. Any return made in accordance with 
subparagraph (1) of this paragraph and subscribed by the district 
director or other authorized internal revenue officer or employee shall 
be prima facie good and sufficient for all legal purposes.
    (3) Deficiency procedures. For deficiency procedures in the case of 
income, estate, and gift taxes, see sections 6211 to 6216, inclusive, 
and Sec. Sec. 301.6211-1 to 301.6215-1, inclusive.
    (c) Cross references. (1) For provisions that a return executed by a 
district director or other authorized internal revenue officer or 
employee will not start the running of the period of limitations on 
assessment and collection, see section 6501(b)(3) and paragraph (c) of 
Sec. 301.6501(b)-1.
    (2) For additions to the tax and additional amounts for failure to 
file returns, see section 6651 and Sec. 301.6651-1, and section 6652 
and Sec. 301.6652-1, respectively.
    (3) For additions to the tax for failure to pay tax, see section 
6653 and Sec. 301.6653-1.
    (4) For criminal penalties for willful failure to make returns, see 
sections 7201, 7202, and 7203.
    (5) For criminal penalties for willfully making false or fraudulent 
returns, see sections 7206 and 7207.
    (6) For authority to examine books and witnesses, see section 7602 
and Sec. 301.7602-1.