§6603 — Deposits made to suspend running of interest on potential underpayments, etc.
10 cases·1 followed·2 distinguished·1 questioned·3 overruled·3 cited—10% support
Statute Text — 26 U.S.C. §6603
A taxpayer may make a cash deposit with the Secretary which may be used by the Secretary to pay any tax imposed under subtitle A or B or chapter 41, 42, 43, or 44 which has not been assessed at the time of the deposit. Such a deposit shall be made in such manner as the Secretary shall prescribe.
To the extent that such deposit is used by the Secretary to pay tax, for purposes of section 6601 (relating to interest on underpayments), the tax shall be treated as paid when the deposit is made.
Except in a case where the Secretary determines that collection of tax is in jeopardy, the Secretary shall return to the taxpayer any amount of the deposit (to the extent not used for a payment of tax) which the taxpayer requests in writing.
For purposes of section 6611 (relating to interest on overpayments), except as provided in paragraph (4), a deposit which is returned to a taxpayer shall be treated as a payment of tax for any period to the extent (and only to the extent) attributable to a disputable tax for such period. Under regulations prescribed by the Secretary, rules similar to the rules of section 6611(b)(2) shall apply.
For purposes of this section, the term “disputable tax” means the amount of tax specified at the time of the deposit as the taxpayer’s reasonable estimate of the maximum amount of any tax attributable to disputable items.
In the case of a taxpayer who has been issued a 30-day letter, the maximum amount of tax under subparagraph (A) shall not be less than the amount of the proposed deficiency specified in such letter.
For purposes of paragraph (2)—
The term “disputable item” means any item of income, gain, loss, deduction, or credit if the taxpayer—
has a reasonable basis for its treatment of such item, and
reasonably believes that the Secretary also has a reasonable basis for disallowing the taxpayer’s treatment of such item.
The term “30-day letter” means the first letter of proposed deficiency which allows the taxpayer an opportunity for administrative review in the Internal Revenue Service Independent Office of Appeals.
The rate of interest under this subsection shall be the Federal short-term rate determined under section 6621(b), compounded daily.
Except as otherwise provided by the taxpayer, deposits shall be treated as used for the payment of tax in the order deposited.
Deposits shall be treated as returned to the taxpayer on a last-in, first-out basis.
10 Citing Cases
46 (specifying how a partner in a partnership may make a deposit of tax or interest upon the issuance of the FPAA), superseded by Rev.
For starters, petitioner cites no authority for the prop- osition (and we know of none) that the IRS can unilaterally overrule a taxpayer’s designation of a remittance as a “deposit.” The statute specifically provides that a - 22 - [*22] taxpayer “may make a cash deposit,” sec.
501, 502, superseded by Rev.
These cases, however, are readily distinguishable from the case at hand.
Unlike the May-15 RAR, the February-17 RAR did not allow petitioners a prior year minimum tax credit that they had never claimed, resulting in a larger deficiency. 9 Sec. 6603(a) permits taxpayers to “make a cash deposit with the Secretary which may be used by the Secretary to pay any tax imposed under subtitle A or B * * * which has not been assessed at the time of the deposit.” For purposes of sec.
84-58, which preceded IRC § 6603 and was in effect at the time ofyour payment.
§ 6603 and not a payment ofstax, and t he efore the 3Court ,has E jurisdiction in this case. In petitioner's suppleméntal brief, she agrees that she made the remittances in 2007 before respondent mailed the notice of deficiency dated July 21 20 8, she objects to the above-quoted requestEd finding of a t a d òitdig Co missioner v. Lundy, 516 U.Ê. 23
Section 6603 (a) states : - 6 - A taxpayer may make a cash deposit with the Secretary which may be used by the Secretary to pay any tax * * * which has not been assessed at the time of the deposit . Such a deposit shall be made in such manner as the Secretary shall prescribe . Rev. Proc . 2005-18, 2005-1 C .B . 798, gives guidance in determining w