26 U.S.C. § 7404 — Authority to bring civil action for estate taxes
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 149 words · no verdicts yet
If estate tax is not paid by its due date, the Secretary must collect it under general law or may use a United States court to sell the decedent’s property. The tax and court-approved costs are paid first from the sale proceeds, subject to specified rules for deficiencies.
If the estate tax imposed by chapter 11 is not paid by its due date, the Secretary* must collect it under general law. Alternatively, the United States may begin a case in a United States court with jurisdiction, asking the court to order the decedent’s property sold. From the sale proceeds, the tax and every court-allowed cost and expense must be paid first. The remaining money must be deposited as the court orders and paid, under the court’s direction, to the person entitled to it. When this section concerns collecting a deficiency*, sections 6213 and 6601 apply.
If the estate tax imposed by chapter 11 is not paid on or before the due date thereof, the Secretary* shall proceed to collect the tax under the provisions of general law; or appropriate proceedings in the name of the United States may be commenced in any court of the United States having jurisdiction to subject the property of the decedent to be sold under the judgment or decree of the court. From the proceeds of such sale the amount of the tax, together with the costs and expenses of every description to be allowed by the court, shall be first paid, and the balance shall be deposited according to the order of the court, to be paid under its direction to the person entitled thereto. This section insofar as it applies to the collection of a deficiency* shall be subject to the provisions of sections 6213 and 6601.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 874; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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