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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. § 6905 Discharge of executor from personal liability for decedents income and gift taxes us united_states_code code_section 26 INTERNAL REVENUE CODE 71 TRANSFEREES AND FIDUCIARIES 6905 26 U.S.C. § 6905 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/s6905 data/legal/raw/us/code/title-26/usc26.xml e7a12cb9bfbfcd8d025057bf7fa3aaa7f69b33eff23fbe4b8e14d1e600370692 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 2f874633b004b19fdbcd4a48f93485245db9c18dcf51606f9f139a9119207e11 2026-07-04 official
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26 U.S.C. § 6905 - Discharge of executor from personal liability for decedents income and gift taxes

Text

(a) Discharge of liability In the case of liability of a decedent for taxes imposed by subtitle A or by chapter 12, if the executor makes written application (filed after the return with respect to such taxes is made and filed in such manner and such form as may be prescribed by regulations of the Secretary) for release from personal liability for such taxes, the Secretary may notify the executor of the amount of such taxes. The executor, upon payment of the amount of which he is notified, or 9 months after receipt of the application if no notification is made by the Secretary before such date, shall be discharged from personal liability for any deficiency in such tax thereafter found to be due, and shall be entitled to a receipt or writing showing such discharge.

(b) Definition of executor For purposes of this section, the term “executor” means the executor or administrator of the decedent appointed, qualified, and acting within the United States.

(c) Cross reference For discharge of executor from personal liability for taxes imposed under chapter 11, see section 2204.

(Added Pub. L. 91614, title I, § 101(e)(1), Dec. 31, 1970, 84 Stat. 1837; amended Pub. L. 91614, title I, § 101(f), Dec. 31, 1970, 84 Stat. 1838; Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

Notes

Editorial Notes

Amendments1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary” wherever appearing. 1970—Subsec. (a). Pub. L. 91614, § 101(f), substituted “9 months” for “1 year”.

Statutory Notes and Related Subsidiaries

Effective Date of 1970 AmendmentPub. L. 91614, title I, § 101(f), Dec. 31, 1970, 84 Stat. 1838, provided that the amendment made by that section is effective with respect to the estates of decedents dying after Dec. 31, 1973.

Effective DateSection effective with respect to decedents dying after Dec. 31, 1970, see section 101(j) of Pub. L. 91614, set out as an Effective Date of 1970 Amendment note under section 2032 of this title.