[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.6873-1]

[Page 470-471]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                 Jeopardy, Bankruptcy, and Receiverships
 
Sec. 301.6873-1  Unpaid claims in bankruptcy or receivership proceedings.

    (a) If any portion of the claim allowed by the court in a 
receivership proceeding, or in any proceeding under the Bankruptcy Act 
(11 U.S.C. chs. 1-14) remains unpaid after the termination of such 
proceeding, the district director will send notice and demand for 
payment thereof to the taxpayer. Such unpaid portion with interest as 
provided in section 6601 may be collected from the taxpayer by levy or 
proceeding in court within the period of limitation for collection after 
assessment. For the general rule as to such period of limitation, see 
section 6502, and for suspension of the running of the period provided 
in section 6502, see, for example, section 6503. For suspensions under 
other provisions of law, see, for example, section 11f of the Bankruptcy 
Act (11 U.S.C. 29(f)). Extension of time for the payment of such unpaid 
amount may be granted in the same manner and subject to the same 
provisions and limitations as provided in section 6161(c).

[[Page 471]]

    (b) Section 6873 is applicable only where a claim for taxes is 
allowed in a receivership proceeding or in a proceeding under the 
Bankruptcy Act. Claims for taxes, interest, additional amounts, or 
additions to the tax may be collectible in equity or under other 
provisions of law although no claim was allowed in the proceeding 
because, for example, such items were not included in a proof of claim 
filed in the proceeding or no proof of claim was filed. Except in the 
case of a proceeding under section 77 or chapter X of the Bankruptcy 
Act, a tax or a liability in respect thereof is not discharged by a 
proceeding under such act, whether or not a claim is filed in such 
proceeding, and provisions suspending the running of the period of 
limitation on the collection of taxes are applicable, whether or not a 
claim is filed in such proceeding.