Page:United States Statutes at Large Volume 94 Part 3.djvu/764

 94 STAT. 3408

11 USC 101 et

26 USC 7430.

26 USC 6212.

PUBLIC LAW 96-589—DEC. 24, 1980 "Sec. 7464. Intervention by trustee of debtor's estate. "Sec. 7465. Provisions of special application to transferees." (d) CROSS REFERENCES TO TAX DETERMINATIONS IN TITLE 11 CASES.— (1) AMENDMENT OF SECTION 7430.—Section 7430 (relating to

cross references) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following new paragraph: "(1) For determination of amount of any tax, additions to tax, etc., in title 11 cases, see section 505 of title 11 of the United States Code." (2) AMENDMENT OF SECTION 6212.—Paragrapl^ (2) of section

6212(c) (relating to cross references) is amended by adding at the end thereof the following new sentence: 26 USC 6512.

"For provisions allowing determination of tax in title 11 cases, see section 505(a) of title 11 of the United States Code." (3) AMENDMENT OF SECTION 6512.—Section 6512 (relating to

limitations in case of petition to Tax Court) is amended by adding at the end thereof the following new subsection: "(c) CROSS REFERENCE.— "For provisions allowing determination of tax in title 11 cases, see section 505(a) of title 11 of the United States Code."

26 USC 6532.

(4) AMENDMENT OF SECTION 6532.—Subsection (a) of section 6532 (relating to periods of limitations on suits) is amended by adding at the end thereof the following new paragraph: "(5) CROSS REFERENCE.— "For substitution of 120-day period for the 6-month period contained in paragraph (1) in a title 11 case, see section 505(a)(2) of title 11 of the United States Code." (e) REUEF FROM CERTAIN PENALTIES IN TITLE 11 CASES.—

(1) IN GENERAL.—Subchapter A of chapter 68 (relating to additions to the tax and additional amounts) is amended by inserting after section 6657 the following new section: 26 USC 6658.

11 USC 101 ^^ *^9-

"SEC. 6658. COORDINATION WITH TITLE 11. "(a) CERTAIN FAILURES TO PAY TAX.—No addition to the tax shall

be made under section 6651, 6654, or 6655 for failure to make timely payment of tax with respect to a period during which a case is pending under title 11 of the United States Code— '\1) if such tax was incurred by the estate and the failure occurred pursuant to an order of the court finding probable insufficiency of funds of the estate to pay administrative expenses, or ^(2)if— "(A) such tax was incurred by the debtor before the earlier of the order for relief or (in the involuntary case) the appointment of a trustee, and (B)(i) the petition was filed before the due date prescribed by law (including extensions) for filing a return of such tax, or "(ii) the date for making the addition to the tax occurs on or after the day on which the petition was filed. "(b) EXCEPTION FOR COLLECTED TAXES.—Subsection (a) shall not apply to any liability for an addition to the tax which arises from the failure to pay or deposit a tax withheld or collected from others and required to be paid to the United States." (2) CLERICAL AMENDMENT.—The table of sections for subchapter A of chapter 68 is amended by inserting after the item relating to section 6657 the following: "Sec. 6658. Coordination with title 11."

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