[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: 26CFR301.6036-1]

[Page 23-25]
 
                       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. 301.6036-1  Notice required of executor or of receiver or other 
like fiduciary.

    (a) Receivers and other like fiduciaries--(1) Exemption for 
bankruptcy proceedings. (i) A bankruptcy trustee, debtor in possession 
or other like fiduciary in a bankruptcy proceeding is not required by 
this section to give notice of appointment, qualification or 
authorization to act to the Secretary or his delegate. (However, see the 
notice requirements under the Bankruptcy Rules.)
    (ii) Paragraph (a)(1)(i) of this section is effective for 
appointments, qualifications and authorizations to act made on or after 
January 29, 1988. For appointments, qualifications and authorizations to 
act made before the foregoing date, 26 CFR 301.6036-1 (a)(1) and (4)(i) 
(revised as of April 1, 1986) apply.
    (2) Proceedings other than bankruptcy. A receiver in a receivership 
proceeding or a similar fiduciary in any proceeding (including a 
fiduciary in aid of foreclosure), designated by order of any court of 
the United States or of any State or Territory or of the District of 
Columbia as in control of all or substantially all the assets of a 
debtor or other party to such proceeding shall, on, or within 10 days 
of, the date of his appointment or authorization to act, give notice 
thereof in writing to the district director for the internal revenue 
district in which the debtor, or such other party, is or was required to 
make returns. Moreover, any fiduciary in aid of foreclosure not 
appointed by order of any such court, if he takes possession of all or 
substantially all the assets of the debtor, shall, on, or within 10 days 
of, the date of his taking possession, give notice thereof in writing to 
such district director.
    (3) Assignment for benefit of creditors. An assignee for the benefit 
of a creditor or creditors shall, on, or within 10 days of, the date of 
an assignment, give notice thereof in writing to the district director 
for the internal revenue district in which the debtor is or was required 
to make returns. For purposes

[[Page 24]]

of this subparagraph, an assignee for the benefit of creditors shall be 
any person who, by authority of law, by the order of any court, by oral 
or written agreement, or in any other manner acquires control or 
possession of or title to all or substantially all the assets of a 
debtor, and who under such acquisition is authorized to use, reassign, 
sell, or in any manner dispose of such assets so that the proceeds from 
the use, sale, or other disposition may be paid to or may inure directly 
or indirectly to the benefit of a creditor or creditors of such debtor.
    (4) Contents of notice--(i) Proceedings other than bankruptcy. The 
written notice required under paragraph (a)(2) of this section shall 
contain:
    (a) The name and address of the person making such notice and the 
date of his appointment or of his taking possession of the assets of the 
debtor or other person whose assets are controlled,
    (b) The name, address, and, for notices filed after December 21, 
1972, the taxpayer identification number of the debtor or other person 
whose assets are controlled.
    (c) In the case of a court proceeding:
    (1) The name and location of the court in which the proceedings are 
pending,
    (2) The date on which such proceedings were instituted,
    (3) The number under which such proceedings are docketed, and
    (4) When possible, the date, time, and place of any hearing, meeting 
of creditors, or other scheduled action with respect to such 
proceedings.
    (ii) Assignment for benefit of creditors. The written notice 
required under subparagraph (3) of this paragraph shall contain:
    (a) The name and address of, and the date the asset or assets were 
assigned to, the assignee,
    (b) The name, address, and, for notice filed after December 21, 
1972, the taxpayer identification number of the debtor whose assets were 
assigned.
    (c) A brief description of the assets assigned,
    (d) An explanation of the action expected to be taken with respect 
to such assets, and
    (e) When possible, the date, time, and place of any hearing, meeting 
of creditors, sale, or other scheduled action with respect to such 
assets.
    (iii) The notice required by this section shall be sent to the 
attention of the Chief, Special Procedures Staff, of the district office 
to which it is required to be sent.
    (b) Executors, administrators, and persons in possession of property 
of decedent. For provisions relating to the requirement of filing, by an 
executor, administrator, or person in possession of property of a 
decedent, of a preliminary notice in the case of the estate of a 
decedent dying before January 1, 1971, see Sec. 20.6036-1 of this 
chapter (Estate Tax Regulations).
    (c) Notice of fiduciary relationship. When a notice is required 
under Sec. 301.6903-1 of a person acting in a fiduciary capacity and is 
also required of such person under this section, notice given in 
accordance with the provisions of this section shall be considered as 
complying with both sections.
    (d) Suspension of period on assessment. For suspension of the 
running of the period of limitations on the making of assessments from 
the date a proceeding is instituted to a date 30 days after receipt of 
notice from a fiduciary in any proceeding under the Bankruptcy Act or 
from a receiver in any other court proceeding, see section 6872 and 
Sec. 301.6872-1.
    (e) Applicability. Except as provided in paragraph (a)(1)(ii) of 
this section, the provisions of this section shall apply to those 
persons referred to in this section whose appointments, authorizations, 
or assignments occur on or after the date of publication of these 
regulations in the Federal Register as a Treasury decision.
    (f) Cross references. (1) For criminal penalty for willful failure 
to supply information, see section 7203.
    (2) For criminal penalties for willfully making false or fraudulent 
statements, see sections 7206 and 7207.
    (3) For time for performance of acts where the last day falls on a 
Saturday,

[[Page 25]]

Sunday, or legal holiday, see section 7503 and Sec. 301.7503-1.

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7218, 37 FR 24748, Nov. 
21, 1972; T.D. 7238, 37 FR 28738, Dec. 29, 1972; T.D. 8172, 53 FR 2600, 
Jan. 29, 1988]