§ 6863. Stay of collection of jeopardy assessments
(a)
Bond to stay collection
When an assessment has been made under section
6851,
6852,,[1] 6861 or 6862, the collection of the whole or any amount of such assessment may be stayed by filing with the Secretary, within such time as may be fixed by regulations prescribed by the Secretary, a bond in an amount equal to the amount as to which the stay is desired, conditioned upon the payment of the amount (together with interest thereon) the collection of which is stayed, at the time at which, but for the making of such assessment, such amount would be due. Upon the filing of the bond the collection of so much of the amount assessed as is covered by the bond shall be stayed. The taxpayer shall have the right to waive such stay at any time in respect of the whole or any part of the amount covered by the bond, and if as a result of such waiver any part of the amount covered by the bond is paid, then the bond shall, at the request of the taxpayer, be proportionately reduced. If any portion of such assessment is abated, the bond shall, at the request of the taxpayer, be proportionately reduced.
(b)
Further conditions in case of income, estate, or gift taxes
In the case of taxes subject to the jurisdiction of the Tax Court—
(1)
Prior to petition to Tax Court
If the bond is given before the taxpayer has filed his petition under section
6213
(a), the bond shall contain a further condition that if a petition is not filed within the period provided in such section, then the amount, the collection of which is stayed by the bond, will be paid on notice and demand at any time after the expiration of such period, together with interest thereon from the date of the jeopardy notice and demand to the date of notice and demand under this paragraph.
(2)
Effect of Tax Court decision
The bond shall be conditioned upon the payment of so much of such assessment (collection of which is stayed by the bond) as is not abated by a decision of the Tax Court which has become final. If the Tax Court determines that the amount assessed is greater than the amount which should have been assessed, then when the decision of the Tax Court is rendered the bond shall, at the request of the taxpayer, be proportionately reduced.
(3)
Stay of sale of seized property pending Tax Court decision
(A)
General rule
Where, notwithstanding the provisions of section
6213
(a), an assessment has been made under section
6851,
6852, or
6861, the property seized for the collection of the tax shall not be sold—
(ii)
before the issuance of the notice of deficiency described in section
6851
(b) or
6861
(b), and the expiration of the period provided in section
6213
(a) for filing a petition with the Tax Court, and
(iii)
if a petition is filed with the Tax Court (whether before or after the making of such assessment), before the expiration of the period during which the assessment of the deficiency would be prohibited if neither sections
6851
(a),
6852
(a), nor 6861(a) were applicable.
Clauses (ii) and (iii) shall not apply in the case of a termination assessment under section
6851 if the taxpayer does not file a return for the taxable year by the due date (determined with regard to any extensions).
(B)
Exceptions
Such property may be sold if—
(C)
Review by Tax Court
If, but for the application of subparagraph (B), a sale would be prohibited by subparagraph (A)(iii), then the Tax Court shall have jurisdiction to review the Secretary’s determination under subparagraph (B) that the property may be sold. Such review may be commenced upon motion by either the Secretary or the taxpayer. An order of the Tax Court disposing of a motion under this paragraph shall be reviewable in the same manner as a decision of the Tax Court.
(c)
Stay of sale of seized property pending district court determination under section
7429
(1)
General rule
Where a jeopardy assessment has been made under section
6862
(a), the property seized for the collection of the tax shall not be sold—
(A)
if a civil action is commenced in accordance with section
7429
(b), on or before the day on which the district court judgment in such action becomes final, or
(B)
if subparagraph (A) does not apply, before the day after the expiration of the period provided in section
7429
(a) for requesting an administrative review, and if such review is requested, before the day after the expiration of the period provided in section
7429
(b), for commencing an action in the district court.
[1] So in original.