§6161 — Extension of time for paying tax
22 cases·3 followed·3 distinguished·1 criticized·15 cited—14% support
Statute Text — 26 U.S.C. §6161
The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown, or required to be shown, on any return or declaration required under authority of this title (or any installment thereof), for a reasonable period not to exceed 6 months (12 months in the case of estate tax) from the date fixed for payment thereof. Such extension may exceed 6 months in the case of a taxpayer who is abroad.
The Secretary may, for reasonable cause, extend the time for payment of—
any part of the amount determined by the executor as the tax imposed by chapter 11, or
any part of any installment under section 6166 (including any part of a deficiency prorated to any installment under such section).
for a reasonable period not in excess of 10 years from the date prescribed by section 6151(a) for payment of the tax (or, in the case of an amount referred to in subparagraph (B), if later, not beyond the date which is 12 months after the due date for the last installment).
Under regulations prescribed by the Secretary, the Secretary may extend the time for the payment of the amount determined as a deficiency of a tax imposed by chapter 1, 12, 41, 42, 43, or 44 for a period not to exceed 18 months from the date fixed for the payment of the deficiency, and in exceptional cases, for a further period not to exceed 12 months. An extension under this paragraph may be granted only where it is shown to the satisfaction of the Secretary that payment of a deficiency upon the date fixed for the payment thereof will result in undue hardship to the taxpayer in the case of a tax imposed by chapter 1, 41, 42, 43, or 44, or to the donor in the case of a tax imposed by chapter 12.
Under regulations prescribed by the Secretary, the Secretary may, for reasonable cause, extend the time for the payment of any deficiency of a tax imposed by chapter 11 for a reasonable period not to exceed 4 years from the date otherwise fixed for the payment of the deficiency.
No extension shall be granted under this subsection for any deficiency if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
Extensions of time for payment of any portion of a claim for tax under chapter 1 or chapter 12, allowed in cases under title 11 of the United States Code or in receivership proceedings, which is unpaid, may be had in the same manner and subject to the same provisions and limitations as provided in subsection (b) in respect of a deficiency in such tax.
For extension of the period of limitation in case of an extension under subsection (a)(2) or subsection (b)(2), see section 6503(d).
For authority of the Secretary to require security in case of an extension under subsection (a)(2) or subsection (b), see section 6165.
For time for performing certain acts postponed by reason of war, see section 7508, and by reason of Presidentially declared disaster or terroristic or military action, see section 7508A.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.6161-1 Extension of time for paying tax or deficiency
- Treas. Reg. §Treas. Reg. §1.6161-1(a) In general—(1) Tax shown or required to be shown on return.
- Treas. Reg. §Treas. Reg. §1.6161-1(b) Undue hardship required for extension.
- Treas. Reg. §Treas. Reg. §1.6161-1(c) Application for extension.
- Treas. Reg. §Treas. Reg. §1.6161-1(d) Payment pursuant to extension.
- Treas. Reg. §Treas. Reg. §1.6161-1(e) Cross reference.
- Treas. Reg. §Treas. Reg. §156.6161-1 Extension of time for paying tax or deficiency
- Treas. Reg. §Treas. Reg. §156.6161-1(a) In general—(1) Tax shown or required to be shown on return.
- Treas. Reg. §Treas. Reg. §156.6161-1(b) Certain rules relating to extensions of time for paying income tax to apply.
- Treas. Reg. §Treas. Reg. §157.6161-1 Extension of time for paying tax
- Treas. Reg. §Treas. Reg. §157.6161-1(a) In general—(1) Tax shown or required to be shown on return.
- Treas. Reg. §Treas. Reg. §157.6161-1(b) Certain rules relating to extension of time for paying income tax to apply.
- Treas. Reg. §Treas. Reg. §20.6161-1 Extension of time for paying tax shown on the return
- Treas. Reg. §Treas. Reg. §20.6161-1(a) Basis for granting an extension of time—(1) Reasonable cause.
- Treas. Reg. §Treas. Reg. §20.6161-1(b) Application for extension.
- Treas. Reg. §Treas. Reg. §20.6161-1(c) Special rules—(1) Payment pursuant to extension.
- Treas. Reg. §Treas. Reg. §20.6161-1(d) Cross references.
- Treas. Reg. §Treas. Reg. §20.6161-2 Extension of time for paying deficiency in tax
- Treas. Reg. §Treas. Reg. §20.6161-2(a) In any case in which the district director finds that payment, on the date prescribed therefor, of any part of a deficiency would impose undue hardship upon the estate, he may extend the time for payment for a period or periods not to exceed one year for any one period and for all periods not to exceed four years from the date prescribed for payment thereof.
- Treas. Reg. §Treas. Reg. §20.6161-2(b) The extension will not be granted upon a general statement of hardship.
- Treas. Reg. §Treas. Reg. §20.6161-2(c) An application for such an extension must be in writing and must contain, or be supported by, information in a written statement declaring that it is made under penalties of perjury showing the undue hardship that would result to the estate if the extension were refused.
- Treas. Reg. §Treas. Reg. §20.6161-2(d) The amount of the deficiency for which an extension is granted, with the additions thereto, shall be paid on or before the expiration of the period of extension without the necessity of notice and demand from the district director.
- Treas. Reg. §Treas. Reg. §20.6161-2(e) The granting of an extension of time for paying the deficiency will not operate to prevent the running of interest.
- Treas. Reg. §Treas. Reg. §20.6161-2(f) For provisions requiring the furnishing of security for the payment of the deficiency for which an extension is granted, see § 20.
- Treas. Reg. §Treas. Reg. §25.6161-1 Extension of time for paying tax or deficiency
22 Citing Cases
Effect of the Fact That Petitioner's Request to Continue To Defer Tax Under Section 6161 Is Pending With The Commissioner Respondent contends this situation is unlike that in Estate of Bailly v. Commissioner, supra, because no extension of time to pay tax under section 6161(a) is now in effect.
- 4 - [*4] States Estate (and Generation-Skipping Transfer) Tax Return, and an extension oftime to pay the estate tax liability pursuant to section 6161.
Pursuant to section 6161, petitioner requested a.total of six extensions to pay the estate tax liability,,all of which respondent granted.
t of section 2053 and the underlying regulations. Although we have found that petitioner has not shown that the interest on the loan meets the statutory requirements, we 4 We note that it is within respondent’s discretion, as provided by Congress in sec. 6161, to extend the period for payment of the tax for up to 10 years. In that regard, under the circumstances of this case, respondent was not unreasonable in the exercise of his discretion. Respondent granted five extensions, and the payment of
We conclude that it is appropriate to delay entry of decision until an extension of time for the payment of petitioner’s estate tax under section 6161 is no longer in effect and any administrative appeal of respondent’s denial of such an extension is final, or until petitioner fully pays its Federal tax liability and related interest, whichever occurs first.
Renbarger submitted a timely request for an extension of time to pay the Federal estate tax under section 6161 and a partial payment of $100,000 toward a total Federal estate tax liability of $4,267,373.
Shapiro ever: • requested an extension of time for the payment of tax, see § 6161; • submitted an installment agreement request to the IRS, see § 6159; • was in the practice of setting amounts aside for the payment of his tax besides making sporadic estimated tax payments; • sought out legitimate borrowing sources, such as banks, credit card companies, or others who might have been willing to lend to 20 The record also di
The older version of section 6404(h)(1) (old section 6404(h)(1)),7 provided: If the Secretary extends for any period the time for filing income tax returns under section 6081 and the time for paying income tax with respect to such returns under section 6161 for any taxpayer located in a Presidentially declared disaster area, the Secretary shall abate for such period the assessment of any interest prescribed under section 6601 on such income tax.
The older version of section 6404(h)(1) (old section 6404(h)(1)),7 provided: If the Secretary extends for any period the time for filing income tax returns under section 6081 and the time for paying income tax with respect to such returns under section 6161 for any taxpayer located in a Presidentially declared disaster area, the Secretary shall abate for such period the assessment of any interest prescribed under section 6601 on such income tax.
305, released September 15, 2001, the Commissioner announced relief under section 7508A, section 6081 (providing for extensions of time for filing returns), and section 6161 (providing for extension of time for paying tax) for taxpayers affected by the terrorist attacks on September 11, 2001.
MEMORANDUM OPINION FOLEY, Judge: The issues for decision are whether: (1) Respondent's reconsideration of his denial of the estate's SERVED JAN - 4 2002 - 2 - section 6161¹ extension request was an abuse of discretion; (2) respondent's denial of the estate's request for abatement of a section 6651(a)(2) addition to tax for failure to pay was an abuse of discretion; and (3) respondent's determination sustaining the proposed collection action was an abuse of discretion.
led a request for a 5-month, 27-day extension of the time to file and a 10-month, 27-day extension of the time to pay the estate tax. Under sec. 6081, I.R.C. 1986, the maximum extension available for filing an estate tax return is 6 months and under sec. 6161, I.R.C. 1986, the maximum extension for paying the estate tax is 1 year. R approved a 6-month extension for the time to file and a 1-year extension for the time to pay the estate tax. The extended due date for filing the return was Aug. 4,
The estate requested and received extensions of time within which to pay estate tax under section 6161.2 After examination of the estate tax return, respondent determined that the fair market value of decedent’s one-half interest in the Busch property was $7,400,000, or $3,590,000 greater than the amount reported by the estate.
The executor, on payment of the amount of which he is notified (other than any amount the time for payment of which is extended under section 6161, 6163, or 6166), and on furnishing any bond which may be required for any amount for which the time for payment is extended, shall be discharged from personal liability for any deficiency in tax thereafter found to be due and shall be entitled to a receipt or writing showing such discharge.