26 U.S.C. § 6502 — Collection after assessment
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 236 words · no verdicts yet
This section addresses collection after assessment. It sets the rules stated in the section.
(a) Once a tax has been assessed within its proper limitation period, the Government may collect it by levy* or court action only within 10 years after assessment. If there is a written installment agreement, collection may continue until 90 days after the agreed collection period ends. If a levy is released after 10 years, collection may continue until the written period agreed before release ends. A timely court collection action extends levy collection until the tax liability or a related judgment is paid or unenforceable. (b) A levy on property is made on the date the seizure notice under section 6335(a) is given.
Where the assessment of any tax imposed by this title has been made within the period of limitation properly applicable thereto, such tax may be collected by levy* or by a proceeding in court, but only if the levy is made or the proceeding begun—
within 10 years after the assessment of the tax, or
if—
there is an installment agreement between the taxpayer* and the Secretary*, prior to the date which is 90 days after the expiration of any period for collection agreed upon in writing by the Secretary and the taxpayer at the time the installment agreement was entered into; or
there is a release of levy under section 6343 after such 10-year period, prior to the expiration of any period for collection agreed upon in writing by the Secretary and the taxpayer before such release.
If a timely proceeding in court for the collection of a tax is commenced, the period during which such tax may be collected by levy shall be extended and shall not expire until the liability for the tax (or a judgment against the taxpayer arising from such liability) is satisfied or becomes unenforceable.
The date on which a levy on property or rights to property is made shall be the date on which the notice of seizure provided in section 6335(a) is given.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 806; Pub. L. 89–719, title I, § 113(b), Nov. 2, 1966, 80 Stat. 1146; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 100–647, title I, § 1015(u)(1), Nov. 10, 1988, 102 Stat. 3573; Pub. L. 101–239, title VII, § 7811(k)(2), Dec. 19, 1989, 103 Stat. 2412; Pub. L. 101–508, title XI, § 11317(a), Nov. 5, 1990, 104 Stat. 1388–458; Pub. L. 105–206, title III, § 3461(a), July 22, 1998, 112 Stat. 764.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1966Amended · Pub. L. 89-719 · 80 Stat. 1146
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
- 1988Amended · Pub. L. 100-647 · 102 Stat. 3573
- 1989Amended · Pub. L. 101-239 · 103 Stat. 2412
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1998Amended · Pub. L. 105-206 · 112 Stat. 764
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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