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USC Title 26 enacted through 2008

§ 6159. Agreements for payment of tax liability in installments

 
(a)
Authorization of agreements
 
The Secretary is authorized to enter into written agreements with any taxpayer under which such taxpayer is allowed to make payment on any tax in installment payments if the Secretary determines that such agreement will facilitate full or partial collection of such liability.
 
(b)
Extent to which agreements remain in effect
 
(1)
In general
 
Except as otherwise provided in this subsection, any agreement entered into by the Secretary under subsection (a) shall remain in effect for the term of the agreement.
 
(2)
Inadequate information or jeopardy
 
The Secretary may terminate any agreement entered into by the Secretary under subsection (a) if -
 
(A)
information which the taxpayer provided to the Secretary prior to the date such agreement was entered into was inaccurate or incomplete, or
 
(B)
the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy.
 
(3)
Subsequent change in financial conditions
 
If the Secretary makes a determination that the financial condition of a taxpayer with whom the Secretary has entered into an agreement under subsection (a) has significantly changed, the Secretary may alter, modify, or terminate such agreement.
 
(4)
Failure to pay an installment or any other tax liability when due or to provide requested financial information
 
The Secretary may alter, modify, or terminate an agreement entered into by the Secretary under subsection (a) in the case of the failure of the taxpayer -
 
(A)
to pay any installment at the time such installment payment is due under such agreement,
 
(B)
to pay any other tax liability at the time such liability is due, or
 
(C)
to provide a financial condition update as requested by the Secretary.
 
(5)
Notice requirements
 
The Secretary may not take any action under paragraph (2), (3), or (4) unless -
 
(A)
a notice of such action is provided to the taxpayer not later than the day 30 days before the date of such action, and
 
(B)
such notice includes an explanation why the Secretary intends to take such action.
 
The preceding sentence shall not apply in any case in which the Secretary believes that collection of any tax to which an agreement under this section relates is in jeopardy.
 
(c)
Secretary required to enter into installment agreements in certain cases
 
In the case of a liability for tax of an individual under subtitle A, the Secretary shall enter into an agreement to accept the full payment of such tax in installments if, as of the date the individual offers to enter into the agreement -
 
(1)
the aggregate amount of such liability (determined without regard to interest, penalties, additions to the tax, and additional amounts) does not exceed $10,000;
 
(2)
the taxpayer (and, if such liability relates to a joint return, the taxpayer's spouse) has not, during any of the preceding 5 taxable years -
 
(A)
failed to file any return of tax imposed by subtitle A;
 
(B)
failed to pay any tax required to be shown on any such return; or
 
(C)
entered into an installment agreement under this section for payment of any tax imposed by subtitle A,
 
(3)
the Secretary determines that the taxpayer is financially unable to pay such liability in full when due (and the taxpayer submits such information as the Secretary may require to make such determination);
 
(4)
the agreement requires full payment of such liability within 3 years; and
 
(5)
the taxpayer agrees to comply with the provisions of this title for the period such agreement is in effect.
 
(d)
Secretary required to review installment agreements for partial collection every two years
 
In the case of an agreement entered into by the Secretary under subsection (a) for partial collection of a tax liability, the Secretary shall review the agreement at least once every 2 years.
 
(e)
Administrative review
 
The Secretary shall establish procedures for an independent administrative review of terminations of installment agreements under this section for taxpayers who request such a review.
 
(f)
Cross reference
 
For rights to administrative review and appeal, see section 7122(e).








Tax Code (Internal Revenue Code) Section Index


U.S. GAAP by Codification Topic
 
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold


U.S. GAAP Codification
Accounting Topics
Tax Code (Internal Revenue Code) Section Index




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