TITLE 27 - ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER I - ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY

SUBCHAPTER F - PROCEDURES AND PRACTICES

PART 70 - PROCEDURE AND ADMINISTRATION

subpart d - COLLECTION OF EXCISE AND SPECIAL (OCCUPATIONAL) TAX

70.102 - Coordination with title 11.

  (a) Certain failures to pay tax. No addition to the tax shall be made under section 6651 of the Internal Revenue Code 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 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 (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. Paragraph (a) of this section 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.

(26 U.S.C. 6658) [T.D. ATF251, 52 FR 19314, May 22, 1987. Redesignated by T.D. ATF301, 55 FR 47606, Nov. 14, 1990]