Treasury Regulations (26 C.F.R.)

26 CFR § 301.6873-1

Unpaid claims in bankruptcy or receivership proceedings.

Official textecfr.govlast amended

# (a)

If any portion of the claim allowed by the court in a receivership proceeding, or in any proceeding under the Bankruptcy Act (11 U.S.C. chs. 1-14) remains unpaid after the termination of such proceeding, the district director will send notice and demand for payment thereof to the taxpayer. Such unpaid portion with interest as provided in section 6601 may be collected from the taxpayer by levy or proceeding in court within the period of limitation for collection after assessment. For the general rule as to such period of limitation, see section 6502, and for suspension of the running of the period provided in section 6502, see, for example, section 6503. For suspensions under other provisions of law, see, for example, section 11f of the Bankruptcy Act (11 U.S.C. 29(f)). Extension of time for the payment of such unpaid amount may be granted in the same manner and subject to the same provisions and limitations as provided in section 6161(c).

# (b)

Section 6873 is applicable only where a claim for taxes is allowed in a receivership proceeding or in a proceeding under the Bankruptcy Act. Claims for taxes, interest, additional amounts, or additions to the tax may be collectible in equity or under other provisions of law although no claim was allowed in the proceeding because, for example, such items were not included in a proof of claim filed in the proceeding or no proof of claim was filed. Except in the case of a proceeding under section 77 or chapter X of the Bankruptcy Act, a tax or a liability in respect thereof is not discharged by a proceeding under such act, whether or not a claim is filed in such proceeding, and provisions suspending the running of the period of limitation on the collection of taxes are applicable, whether or not a claim is filed in such proceeding.

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In this part (40 sections)
  1. 301.6723-1 · Failure to comply with other information reporting…
  2. 301.6724-1 · Reasonable cause.
  3. 301.6751(b)-1 · (b)-1 Supervisory and higher level official approval…
  4. 301.6801-1 · Authority for establishment, alteration, and distribution.
  5. 301.6802-1 · Supply and distribution.
  6. 301.6803-1 · Accounting and safeguarding.
  7. 301.6804-1 · Attachment and cancellation.
  8. 301.6805-1 · Redemption of stamps.
  9. 301.6806-1 · Posting occupational tax stamps.
  10. 301.6851-1 · Termination of taxable year.
  11. 301.6852-1 · Termination assessments of tax in the case of flagrant…
  12. 301.6861-1 · Jeopardy assessments of income, estate, gift, and certain…
  13. 301.6862-1 · Jeopardy assessment of taxes other than income, estate,…
  14. 301.6863-1 · Stay of collection of jeopardy assessments; bond to stay…
  15. 301.6863-2 · Collection of jeopardy assessment; stay of sale of seized…
  16. 301.6867-1 · Presumptions where owner of large amount of cash is not…
  17. 301.6871(a)-1 · (a)-1 Immediate assessment of claims for income,…
  18. 301.6871(a)-2 · (a)-2 Collection of assessed taxes in bankruptcy and…
  19. 301.6871(b)-1 · (b)-1 Claims for income, estate, and gift taxes in…
  20. 301.6872-1 · Suspension of running of period of limitations on…
  21. 301.6873-1 · Unpaid claims in bankruptcy or receivership proceedings.
  22. 301.6901-1 · Procedure in the case of transferred assets.
  23. 301.6902-1 · Burden of proof.
  24. 301.6903-1 · Notice of fiduciary relationship.
  25. 301.6905-1 · Discharge of executor from personal liability for…
  26. 301.7001-1 · License to collect foreign items.
  27. 301.7101-1 · Form of bond and security required.
  28. 301.7102-1 · Single bond in lieu of multiple bonds.
  29. 301.7121-1 · Closing agreements.
  30. 301.7122-0 · Table of contents.
  31. 301.7122-1 · Compromises.
  32. 301.7207-1 · Fraudulent returns, statements, or other documents.
  33. 301.7209-1 · Unauthorized use or sale of stamps.
  34. 301.7214-1 · Offenses by officers and employees of the United States.
  35. 301.7216-0 · Table of contents.
  36. 301.7216-1 · Penalty for disclosure or use of tax return information.
  37. 301.7216-2 · Permissible disclosures or uses without consent of the…
  38. 301.7216-3 · Disclosure or use permitted only with the taxpayer's…
  39. 301.7231-1 · Failure to obtain license for collection of foreign items.
  40. 301.7269-1 · Failure to produce records.
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