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TREAS/IRS

RIN: 1545-BH17

Publication ID: Spring 2016

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 U.S.C. 2204 26 U.S.C. 6165 26 U.S.C. 6166 26 U.S.C. 7101 26 U.S.C. 7805

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/00/2016

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