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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 6658 Coordination with title 11 us united_states_code code_section 26 INTERNAL REVENUE CODE 68 ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ASSESSABLE PENALTIES 6658 26 U.S.C. § 6658 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s6658 data/legal/raw/us/code/title-26/usc26.xml cceb4756939516e377ca552fbf029db1162079d749c7fc9c2946dcba17ea714e a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 d9c6c0bb9ff064f6b536677c386725bf4d2f4980aa9162679b60bdac67f4d253 2026-07-04 official
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26 U.S.C. § 6658 - Coordination with title 11

Text

(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.

(Added Pub. L. 96589, § 6(e)(1), Dec. 24, 1980, 94 Stat. 3408.)

Notes

Editorial Notes

Prior ProvisionsA prior section 6658, act Aug. 16, 1954, ch. 736, 68A Stat. 826, authorized inclusion as part of the tax a 25 percent penalty in cases of violations or attempted violations of section 6851 of this title, prior to repeal by Pub. L. 96167, § 6(a), Dec. 29, 1979, 93 Stat. 1276.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Oct. 1, 1979, but not applicable to proceedings under Title 11, Bankruptcy, commenced before Oct. 1, 1979, see section 7(e) of Pub. L. 96589, set out as an Effective Date of 1980 Amendment note under section 108 of this title.