ICI Pension Fund, ICI Pensions Trustees Limited, Trustee - Page 6




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          Trucking Associations, Inc., 310 U.S. 534, 543-544 (1940).                   
          As provided in the Code:                                                     
               SEC. 6501. LIMITATIONS ON ASSESSMENT AND COLLECTION.                    
                    (a) General Rule.--Except as otherwise provided in                 
               this section, the amount of any tax imposed by this                     
               title shall be assessed within 3 years after the return                 
               was filed (whether or not such return was filed on or                   
               after the date prescribed) * * *                                        
                         *    *    *    *     *    *    *                              
                    (c) Exceptions.--                                                  
                         *    *    *    *     *    *    *                              
                         (3) No return.--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.                                                          
          As stated in the regulations:                                                
               � 1.6012-1.  Individuals required to make returns of                    
               income.-- * * *                                                         
                         *    *    *    *     *    *    *                              
                    (b) Return of nonresident alien individual--* * *                  
                         *    *    *    *     *    *    *                              
                         (2) Exceptions.--(i) Return not required                      
                    when tax is fully paid at source.  A                               
                    nonresident alien individual * * * who at no                       
                    time during the taxable year is engaged in a                       
                    trade or business in the United States is not                      
                    required to make a return for the taxable                          
                    year if his tax liability for the taxable                          
                    year is fully satisfied by the withholding of                      
                    tax at source under chapter 3 of the Code.                         
                    This subdivision does not apply to * * * a                         
                    nonresident alien individual making a claim                        
                    under � 301.6402-3 of this chapter (Procedure                      
                    and Administration Regulations) for the                            
                    refund of an overpayment of tax for the                            
                    taxable year. * * *                                                


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