[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: 26CFR301.6532-1]

[Page 389-390]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                               Limitations
 
Sec. 301.6532-1  Periods of limitation on suits by taxpayers.

    (a) No suit or proceeding under section 7422(a) for the recovery of 
any internal revenue tax, penalty, or other sum shall be begun until 
whichever of the following first occurs:
    (1) The expiration of 6 months from the date of the filing of the 
claim for credit or refund, or
    (2) A decision is rendered on such claim prior to the expiration of 
6 months after the filing thereof.

Except as provided in paragraph (b) of this section, no suit or 
proceeding for the recovery of any internal revenue tax, penalty, or 
other sum may be brought after the expiration of 2 years from the date 
of mailing by registered mail prior to September 3, 1958, or by either 
registered or certified mail on or after September 3, 1958, by a 
district director, a director of an internal revenue service center, or 
an assistant regional commissioner to a taxpayer of a notice of 
disallowance of the part of the claim to which the suit or proceeding 
relates.
    (b) The 2-year period described in paragraph (a) of this section may 
be extended if an agreement to extend the running of the period of 
limitations is executed. The agreement must be signed by the taxpayer or 
by an attorney, agent, trustee, or other fiduciary on behalf of the 
taxpayer. If the agreement is signed by a person other than the 
taxpayer, it shall be accompanied by an authenticated copy of the power 
of attorney or other legal evidence of the authority of such person to 
act on behalf of the taxpayer. If the taxpayer is a corporation, the 
agreement should be signed with the corporate name followed by the 
signature of a duly authorized officer of the corporation. The

[[Page 390]]

agreement will not be effective until signed by a district director, a 
director of an internal revenue service center, or an assistant regional 
commissioner.
    (c) The taxpayer may sign a waiver of the requirement that he be 
mailed a notice of disallowance. Such waiver is irrevocable and will 
commence the running of the 2-year period described in paragraph (a) of 
this section on the date the waiver is filed. The waiver shall set 
forth:
    (1) The type of tax and the taxable period covered by the taxpayer's 
claim for refund;
    (2) The amount of the claim;
    (3) The amount of the claim disallowed;
    (4) A statement that the taxpayer agrees the filing of the waiver 
will commence the running of the 2-year period provided for in section 
6532(a)(1) as if a notice of disallowance had been sent the taxpayer by 
either registered or certified mail.

The filing of such a waiver prior to the expiration of 6 months from the 
date the claim was filed does not permit the filing of a suit for refund 
prior to the time specified in section 6532(a)(1) and paragraph (a) of 
this section.
    (d) Any consideration, reconsideration, or other action with respect 
to a claim after the mailing by registered mail prior to September 3, 
1958, or by either registered or certified mail on or after September 3, 
1958, of a notice of disallowance or after the execution of a waiver 
referred to in paragraph (c) of this section, shall not extend the 
period for bringing suit or other proceeding under section 7422(a).