Rev. Rul. 58-274

Advice has been requested concerning the applicability of the statute of limitations on assessment and collection under the circumstances described below.

A retailer was liable for payment of the retailers excise taxes imposed under two sections of the Internal Revenue Code of 1954, such as, for example, the tax imposed on jewelry and related items by section 4001 and the tax imposed on furs by section 4011. He filed a timely Form 720, Quarterly Federal Excise Tax Return, and correctly reported thereon his liability for the category of retailers excise tax imposed by one section. However, he made no report of his liability under the other section.

Section 6501(a) of the Code provides that the tax shall be assessed within three years after the return was filed. Section 6501(c)(3) provides that in the case of failure to file a return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time.

The retailers excise taxes imposed by different sections of the Code are separate and distinct taxes. The requirements for filing a return apply separately to each category, even though for convenience the return for all categories may be made on the same form.

Therefore, it is held that if a retailer, who is liable for the retailers excise taxes imposed by two or more sections of the Internal Revenue Code, files a return on which he reports his liability for the tax imposed by one or more of those sections but makes no entry on the return concerning his liability for the tax imposed by any other section or sections, he has filed no return for the category or categories of tax for which no entry was made. Accordingly, the tax for the category or categories for which no entry was made may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time.