§6862 — Jeopardy assessment of taxes other than income, estate, gift, and certain excise taxes
1 cases·1 cited
Statute Text — 26 U.S.C. §6862
If the Secretary believes that the collection of any tax (other than income tax, estate tax, gift tax, and the excise taxes imposed by chapters 41, 42, 43, and 44) under any provision of the internal revenue laws will be jeopardized by delay, he shall, whether or not the time otherwise prescribed by law for making return and paying such tax has expired, immediately assess such tax (together with all interest, additional amounts, and additions to the tax provided for by law). Such tax, additions to the tax, and interest shall thereupon become immediately due and payable, and immediate notice and demand shall be made by the Secretary for the payment thereof.
For provision permitting immediate levy in case of jeopardy, see section 6331(a).
Treasury Regulations
- Treas. Reg. §Treas. Reg. §301.6862-1 Jeopardy assessment of taxes other than income, estate, gift, and certain excise taxes
- Treas. Reg. §Treas. Reg. §301.6862-1(a) If the district director believes that the collection of any tax (other than income, estate, gift, chapter 41, 42, 43, or 44 tax) will be jeopardized by delay, the director shall, whether or not the time otherwise prescribed by law for filing the return or paying such tax has expired, immediately assess such tax, together with all interest, additional amounts and additions to the tax provided by law.
- Treas. Reg. §Treas. Reg. §301.6862-1(b) The tax, interest, additional amounts, and additions to the tax will, upon assessment, become immediately due and payable, and the district director shall, without delay, issue a notice and demand for payment thereof in full.
- Treas. Reg. §Treas. Reg. §301.6862-1(c) See section 7429 with respect to requesting the district director to review the making of the jeopardy assessment.
1 Citing Cases
Political Expenditures of Section 501(c)(3) Organizations", sec. 6852, "Jeopardy Assessments ofIncome, Estate, Gift, and Certain Excise Taxes", sec. 6861, and "Jeopardy Assessment ofTaxes Other Than Income, Estate, Gift, and Certain Excise Taxes", sec. 6862. - 19 - [*19] Paragraph (1) shall not apply to a levy action while an appeal is pending if [A] the underlying tax liability is not at issue in the appeal and [B] the court determines that the Secretary has shown good cause not to suspend the