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TREAS/IRS | RIN: 1545-BH17 | Publication ID: Spring 2014 |
Title: Security for Payment of Estate Tax in Installments | |
Abstract: Prior to the decision in Estate of Roski v. Commissioner, 128 T.C. 113 (2007), the IRS required an estate to post a bond or provide a lien as a prerequisite for granting an election to pay estate tax in installments over a period of up to 14 years under section 6166 of the Code. In Estate of Roski, the Tax Court determined, in part, that the IRS' bright-line rule to require security in all cases was an abuse of discretion. The court held that the IRS must make a case-by-case determination of whether the Government's interest in collecting the estate tax in full is at risk before requiring a bond. The IRS is revising procedures to comply with this ruling. The proposed regulations will address this and other relevant issues. | |
Agency: Department of the Treasury(TREAS) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: Undetermined |
CFR Citation: 26 CFR 20 26 CFR 301 | |
Legal Authority: 26 USC 2204 26 USC 6165 26 USC 6166 26 USC 7101 26 USC 7805 |
Legal Deadline:
None |
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Timetable:
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Additional Information: REG-145422-07 Drafting attorney: Alicia E. Goldstein (202) 317-6832 Reviewing attorney: Pamela W. Fuller (202) 317-6832 Treasury attorney: Catherine Hughes (202) 622-9407 CC: PA: Branch 4 | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Alicia E. Goldstein Attorney Department of the Treasury Internal Revenue Service 1111 Constitution Avenue NW., Room 5535, Washington, DC 20224 Phone:202 317-6832 Fax:202 317-5236 Email: alicia.goldstein@irscounsel.treas.gov |