§7508 — Time for performing certain acts postponed by reason of service in combat zone or contingency operation
16 cases·3 followed·1 overruled·12 cited—19% support
Statute Text — 26 U.S.C. §7508
In the case of an individual serving in the Armed Forces of the United States, or serving in support of such Armed Forces, in an area designated by the President of the United States by Executive order as a “combat zone” for purposes of section 112, or when deployed outside the United States away from the individual’s permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation (as defined in
section 101(a)(13) of title 10
, United States Code) or which became such a contingency operation by operation of law, at any time during the period designated by the President by Executive order as the period of combatant activities in such zone for purposes of such section or at any time during the period of such contingency operation, or hospitalized as a result of injury received while serving in such an area or operation during such time, the period of service in such area or operation, plus the period of continuous qualified hospitalization attributable to such injury, and the next 180 days thereafter, shall be disregarded in determining, under the internal revenue laws, in respect of any tax liability (including any interest, penalty, additional amount, or addition to the tax) of such individual—
Whether any of the following acts was performed within the time prescribed therefor:
Filing any return of income, estate, gift, employment, or excise tax;
Payment of any income, estate, gift, employment, or excise tax or any installment thereof or of any other liability to the United States in respect thereof;
Filing a petition with the Tax Court, or filing a notice of appeal from a decision of the Tax Court;
Allowance of a credit or refund of any tax;
Filing a claim for credit or refund of any tax;
Bringing suit upon any such claim for credit or refund;
Assessment of any tax;
Giving or making any notice or demand for the payment of any tax, or with respect to any liability to the United States in respect of any tax;
Collection, by the Secretary, by levy or otherwise, of the amount of any liability in respect of any tax;
Bringing suit by the United States, or any officer on its behalf, in respect of any liability in respect of any tax or in respect of any erroneous refund; and
Any other act required or permitted under the internal revenue laws specified by the Secretary;
The amount of any credit or refund; and
Any certification of a seriously delinquent tax debt under section 7345.
Subsection (a) shall not apply for purposes of determining the amount of interest on any overpayment of tax.
If an individual is entitled to the benefits of subsection (a) with respect to any return and such return is timely filed (determined after the application of such subsection), subsections (b)(3) and (e) of section 6611 shall not apply.
The provisions of this section shall apply to the spouse of any individual entitled to the benefits of subsection (a). Except in the case of the combat zone designated for purposes of the Vietnam conflict, the preceding sentence shall not cause this section to apply for any spouse for any taxable year beginning more than 2 years after the date designated under section 112 as the date of termination of combatant activities in a combat zone.
The period of service in the area or contingency operation referred to in subsection (a) shall include the period during which an individual entitled to benefits under subsection (a) is in a missing status, within the meaning of section 6013(f)(3).
Notwithstanding the provisions of subsection (a), any action or proceeding authorized by section 6851 (regardless of the taxable year for which the tax arose), chapter 70, or 71, as well as any other action or proceeding authorized by law in connection therewith, may be taken, begun, or prosecuted. In any other case in which the Secretary determines that collection of the amount of any assessment would be jeopardized by delay, the provisions of subsection (a) shall not operate to stay collection of such amount by levy or otherwise as authorized by law. There shall be excluded from any amount assessed or collected pursuant to this paragraph the amount of interest, penalty, additional amount, and addition to the tax, if any, in respect of the period disregarded under subsection (a). In any case to which this paragraph relates, if the Secretary is required to give any notice to or make any demand upon any person, such requirement shall be deemed to be satisfied if the notice or demand is prepared and signed, in any case in which the address of such person last known to the Secretary is in an area for which United States post offices under instructions of the Postmaster General are not, by reason of the combatant activities, accepting mail for delivery at the time the notice or demand is signed. In such case the notice or demand shall be deemed to have been given or made upon the date it is signed.
The assessment or collection of any internal revenue tax or of any liability to the United States in respect of any internal revenue tax, or any action or proceeding by or on behalf of the United States in connection therewith, may be made, taken, begun, or prosecuted in accordance with law, without regard to the provisions of subsection (a), unless prior to such assessment collection, action, or proceeding it is ascertained that the person concerned is entitled to the benefits of subsection (a).
With respect to any period of continuous qualified hospitalization described in subsection (a) and the next 180 days thereafter, subsection (a) shall not apply in the application of section 6502.
Any individual who performed Desert Shield services (and the spouse of such individual) shall be entitled to the benefits of this section in the same manner as if such services were services referred to in subsection (a).
For purposes of this subsection, the term “Desert Shield services” means any services in the Armed Forces of the United States or in support of such Armed Forces if—
such services are performed in the area designated by the President pursuant to this subparagraph as the “Persian Gulf Desert Shield area”, and
such services are performed during the period beginning on
August 2, 1990
, and ending on the date on which any portion of the area referred to in subparagraph (A) is designated by the President as a combat zone pursuant to section 112.
For purposes of subsection (a), the term “qualified hospitalization” means—
any hospitalization outside the United States, and
any hospitalization inside the United States, except that not more than 5 years of hospitalization may be taken into account under this paragraph.
Paragraph (2) shall not apply for purposes of applying this section with respect to the spouse of an individual entitled to the benefits of subsection (a).
Treasury Regulations
- Treas. Reg. §Treas. Reg. §301.7508-1 Time for performing certain acts postponed by reason of service in a combat zone
- Treas. Reg. §Treas. Reg. §301.7508-1(a) General rule.
- Treas. Reg. §Treas. Reg. §301.7508-1(b) Effective date.
16 Citing Cases
325 (2023) (granting certiorari for the question of whether the Supreme Court should overrule Chevron).
However, because petitioner was an affected tax- payer with respect to snowstorms in upstate New York, the time for fil- ing his Petition was extended to May 15, 2023, pursuant to section 7508A(a).
As in effect during 2016, how- ever, section 7508 allowed an extension of time to file to taxpayers who were serv- ing in support of the U.S.
the notice of determination concerning the proposed levy action issued on November 16, 2017, and the supplemental notice ofdetermination concerning the filing ofthe NFTL 4(...continued) petition was timely. We agree with respondent that pursuant to sec. 7508A(a)(1) the deadline to perform time-sensitive actions described in the IRS regulations, including filing a petition with the Tax Court, was extended until January 31, 2018, for certain taxpayers affected by Hurricane Irma. See sec. 7508A; s
10 Section 6213(a) provides that taxpayers with a U.S.
The postponement applies to return filing, tax payment and certain other time-sensitive acts otherwise due between May 8, 2009, and July 7, 2009." The IRS disaster reliefnotice stated in pertinent part: Under section 7508A, the IRS gives affected taxpayers until May 8, 2009, [sic] to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corpo- ration returns, and trust returns; estate, gift, and generation- 70fthe $3,500 ofgross r
ll cause extensive damage. National Oceanic and Atmospheric Administration, Saffir-Simpson Hurricane Wind Scale, http://www.nhc.noaa.gov/aboutsshws.php. - 3 - area, and the residents there were eligible for limited rélieffrom filing deadlines under section 7508A. Petitioners lived in Hardin County in 2008. Petitioners took an early distribution of$20,000!from petitioner husband's qualified retirement plan held by Principal Life Insurance Co. to repair property damaged by the storm and to supplem
Finally, petitioners argue that section 7508A, which authorizes the IRS to postpone any deadline under Federal tax laws for taxpayers affected by a Presidentially declared disaster, creates a presumption of reasonable cause under section 6651(a)(1) and (2).
Finally, petitioners argue that section 7508A, which authorizes the IRS to postpone any deadline under Federal tax laws for taxpayers affected by a Presidentially declared disaster, creates a presumption of reasonable cause under section 6651(a)(1) and (2).
Following the hearing, the Court directed respondent to file a supplement to his motion to dismiss addressing the question whether section 7508A, or any public notices issued pursuant to that section after September 11, 2001, would provide relief to petitioners with regard to the timeliness of their petition.
on was postponed. The Secretary has authority to postpone the deadlines for performance of certain acts, including filing a Tax Court - 4 - petition, by taxpayers affected by a presidentially declared disaster. Secs. 7508A(a)(1),2 7508(a)(1)(C).3 2 Sec. 7508A provides in pertinent part: SEC. 7508A. AUTHORITY TO POSTPONE CERTAIN TAX-RELATED DEADLINES BY REASON OF PRESIDENTIALLY DECLARED DISASTER. (a) In General.--In the case of a taxpayer determined by the Secretary to be affected by a Presidenti
301.7508A-1, Proced. & Admin. Regs., regarding the Commissioner’s authority to postpone certain deadlines by reason of presidentially declared disasters or terroristic or military actions. - 8 - To reflect the foregoing, An order of dismissal for lack of jurisdiction will be entered.
For purposes of section 7508, a “combat zone” is an area designated as such by the President of the United States by Executive order for purposes of section 112.4 However, Korea has not been a combat zone since January 1955.5 Accordingly, section 7508 offers petitioner no solace.