26 U.S.C. § 6871 — Claims for income, estate, gift, and certain excise taxes in receivership proceedings, etc.
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 344 words · no verdicts yet
This section addresses Claims for income, estate, gift, and certain excise taxes in receivership proceedings, etc.. It states the duties, powers, limits, definitions, or findings set out in the section.
(a) Immediate assessment in receivership proceedings On the appointment of a receiver for the taxpayer* in any receivership proceeding before any court of the United States or of any State or of the District of Columbia, any deficiency* (together with all interest, additional amounts, and additions to the tax provided by law) determined by the Secretary* in respect of a tax imposed by subtitle A or B or by chapter 41, 42, 43, or 44 on that taxpayer may, despite the restrictions imposed by section 6213(a) on assessments, be immediately assessed if that deficiency has not theretofore been assessed under law.
(b) Immediate assessment about certain title 11 cases Any deficiency (together with all interest, additional amounts, and additions to the tax provided by law) determined by the Secretary in respect of a tax imposed by subtitle A or B or by chapter 41, 42, 43, or 44 on—
(1) the debtor’s estate in a case under title 11 of the United States Code, or
(2) the debtor, but only if liability for that tax has become res judicata under a determination in a case under title 11 of the United States Code, may, despite the restrictions imposed by section 6213(a) on assessments, be immediately assessed if that deficiency has not theretofore been assessed under law.
(c) Claim filed despite pendency of tax court* proceedings In the case of a tax imposed by subtitle A or B or by chapter 41, 42, 43, or 44—
(1) claims for the deficiency and for interest, additional amounts, and additions to the tax may be presented, for adjudication under law, to the court before which the receivership proceeding (or the case under title 11 of the United States Code) is pending, despite the pendency of proceedings for the redetermination of the deficiency under a petition to the Tax Court; but
(2) in the case of a receivership proceeding, no petition for any that redetermination must be filed with the Tax Court after the appointment of the receiver.
On the appointment of a receiver for the taxpayer* in any receivership proceeding before any court of the United States or of any State or of the District of Columbia, any deficiency* (together with all interest, additional amounts, and additions to the tax provided by law) determined by the Secretary* in respect of a tax imposed by subtitle A or B or by chapter 41, 42, 43, or 44 on such taxpayer may, despite the restrictions imposed by section 6213(a) on assessments, be immediately assessed if such deficiency has not theretofore been assessed in accordance with law.
Any deficiency (together with all interest, additional amounts, and additions to the tax provided by law) determined by the Secretary in respect of a tax imposed by subtitle A or B or by chapter 41, 42, 43, or 44 on—
the debtor’s estate in a case under title 11 of the United States Code, or
the debtor, but only if liability for such tax has become res judicata pursuant to a determination in a case under title 11 of the United States Code,
may, despite the restrictions imposed by section 6213(a) on assessments, be immediately assessed if such deficiency has not theretofore been assessed in accordance with law.
In the case of a tax imposed by subtitle A or B or by chapter 41, 42, 43, or 44—
claims for the deficiency and for interest, additional amounts, and additions to the tax may be presented, for adjudication in accordance with law, to the court before which the receivership proceeding (or the case under title 11 of the United States Code) is pending, despite the pendency of proceedings for the redetermination of the deficiency pursuant to a petition to the Tax Court; but
in the case of a receivership proceeding, no petition for any such redetermination shall be filed with the Tax Court after the appointment of the receiver.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 838; Pub. L. 85–866, title I, § 88, Sept. 2, 1958, 72 Stat. 1665; Pub. L. 94–455, title XIX, §§ 1906(b)(13)(A), (c)(1), Oct. 4, 1976, 90 Stat. 1834, 1835; Pub. L. 96–589, § 6(g)(1), Dec. 24, 1980, 94 Stat. 3409; Pub. L. 101–239, title VII, § 7841(d)(2), Dec. 19, 1989, 103 Stat. 2428.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1958Amended · Pub. L. 85-866 · 72 Stat. 1665
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834, 1835
- 1980Amended · Pub. L. 96-589 · 94 Stat. 3409
- 1989Amended · Pub. L. 101-239 · 103 Stat. 2428
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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