Page:United States Statutes at Large Volume 84 Part 2.djvu/507

 84 STAT. ]

PUBLIC LAW 91-614-DEC. 31, 1970

1837

or upon the expiration of 6 months after the making of such application by the fiduciary, if later, shall notify the fiduciary (1) of the amount of such tax for which it has been determined the fiduciary is liable, or (2) that it has been determined that the fiduciary is not liable for any such tax. Such application shall be accompanied by a copy of the instrument, if any, under which such fiduciary is acting, a description of the property held by the fiduciary, and such other information for purposes of carrying out the provisions of this section as the Secretary or his delegate may require by regulations. On payment of the amount of such tax for which it has been determined the fiduciary is liable (other than any amount the time for payment of which has not been extended under section 6161, 6163, or 6166), and on furnishing y°^^^^^' ^^^^' any bond which may be required for any amount for which the time yl gtat! lesi. for payment has been extended, or on receipt by him of notification 26 USC eiei, of a determination that he is not liable for any such tax, the fiduciary ^^^^' ^^^^* shall be discharged from personal liability for any deficiency in such tax thereafter found to be due and shall be entitled to a receipt or writing evidencing such discharge." (2) Sections 6040(2), 6314(c)(2), 6324(a)(3), and 6504(9) y^%Xf3^ are each amended by striking out "executor" each place it ap- go Stat. U32. pears in the heading and text of such sections and inserting in lieu thereof "fiduciary". (3) The table of sections for subchapter C of chapter 11 is amended by striking out "Sec. 2204. Discharge of executor from personal liability."

and inserting in lieu thereof: "Sec. 2204. Discharge of fiduciary from personal liability." (e) DISCHARGE or EXECUTOR FROM PERSONAL LIABILITY FOR DECEDENT'S INCOME AND G I F T TAXES.—

(1) Chapter 7,1 (relating to transferees and fiduciaries) is amended by adding at the end thereof the following new section: "SEC. 6905. DISCHARGE OF EXECUTOR FROM PERSONAL LIABILITY FOR DECEDENT'S INCOME A N D GIFT TAXES. " (a) DISCHARGE or LIABILITY.—In the case of liability of a decedent for taxes imposed by subtitle A or by chapter 12, if the executor makes written application (filed after the return with respect to such taxes is made and filed in such manner and such form as may be prescribed by regulations of the Secretary or his delegate) for release from personal liability for such taxes, the Secretary or his delegate may notify the executor of the amount of such taxes. The executor, upon payment of the amount of which he is notified, or 1 year after receipt of the application if no notification is made by the Secretary or his delegate before such date, shall be discharged from personal liability for any deficiency in such tax thereafter found to be due and shall be entitled to a receipt or writing showing such discharge. "(b) DEFINITION or EXECUTOR.—For purposes of this section, the term 'executor' means the executor or administrator of the decedent appointed, qualified, and acting within the United States. "(c) CROSS REFERENCE.— "For discharge of executor from personal liability for taxes imposed under chapter 11, see section 2204."

(2) The table of sections for chapter 71 is amended by adding at the end thereof the following: "Sec. 6905. Discharge of executor from personal liability for decedent's income and gift taxes."

esAstat. 84i.

"Executor."

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