Internal Revenue Code – Section 2204

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Internal Revenue Code – Section 2204

Sec. 2204. Discharge of fiduciary from personal liability

-STATUTE-

(a) General rule

If the executor
makes written application to the Secretary for

determination of
the amount of the tax and discharge from personal

liability
therefor, the Secretary (as soon as possible, and in any

event within 9
months after the making of such application, or, if

the application is
made before the return is filed, then within 9

months after the
return is filed, but not after the expiration of

the period
prescribed for the assessment of the tax in section

6501) shall notify
the executor of the amount of the tax. The

executor, on
payment of the amount of which he is notified (other

than any amount
the time for payment of which is extended under

sections 6161, 6163, or 6166), and on furnishing any bond which may

be required for
any amount for which the time for payment is

extended, shall be
discharged from personal liability for any

deficiency in tax
thereafter found to be due and shall be entitled

to a receipt or
writing showing such discharge.

(b) Fiduciary
other than the executor

If a fiduciary
(not including a fiduciary in respect of the

estate of a
nonresident decedent) other than the executor makes

written
application to the Secretary for determination of the

amount of any
estate tax for which the fiduciary may be personally

liable, and for
discharge from personal liability therefor, the

Secretary upon the
discharge of the executor from personal

liability under
subsection (a), or upon the expiration of 6 months

after the making
of such application by the fiduciary, if later,

shall notify the
fiduciary (1) of the amount of such tax for which

it has been
determined the fiduciary is liable, or (2) that it has

been determined
that the fiduciary is not liable for any such tax.

Such application
shall be accompanied by a copy of the instrument,

if any, under
which such fiduciary is acting, a description of the

property held by
the fiduciary, and such other information for

purposes of
carrying out the provisions of this section as the

Secretary may
require by regulations. On payment of the amount of

such tax for which
it has been determined the fiduciary is liable

(other than any
amount the time for payment of which has been

extended under
section 6161, 6163, or 6166), and on furnishing any

bond which may be
required for any amount for which the time for

payment has been
extended, or on receipt by him of notification of

a determination
that he is not liable for any such tax, the

fiduciary 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 evidencing such discharge.

(c) Special lien
under section 6324A

For purposes of
the second sentence of subsection (a) and the

last sentence of
subsection (b), an agreement which meets the

requirements of
section 6324A (relating to special lien for estate

tax deferred under
section 6166) shall be treated as the furnishing

of bond with
respect to the amount for which the time for payment

has been extended
under section 6166.

(d) Good faith
reliance on gift tax returns

If the executor
in good faith relies on gift tax returns

furnished under
section 6103(e)(3) for determining the decedent’s

adjusted taxable
gifts, the executor shall be discharged from

personal liability
with respect to any deficiency of the tax

imposed by this
chapter which is attributable to adjusted taxable

gifts which -

(1) are made
more than 3 years before the date of the

decedent’s
death, and

(2) are not
shown on such returns.

 

-SOURCE-

(Aug. 16, 1954,
ch. 736, 68A Stat. 401; Pub. L. 91-614, title I,

Sec. 101(d)(1), (f), Dec. 31, 1970, 84 Stat. 1836, 1838; Pub. L. 94-

455, title XIX,
Secs. 1902(a)(9), 1906(b)(13)(A), title XX, Sec.

2004(d)(2),
(f)(4), (6), Oct. 4, 1976, 90 Stat. 1805, 1834, 1870,

1872; Pub. L.
95-600, title VII, Sec. 702(p)(1), Nov. 6, 1978, 92

Stat. 2937; Pub.
L. 97-34, title IV, Sec. 422(e)(1), (3), Aug. 13,

1981, 95 Stat.
316.)

 

 

-MISC1-

AMENDMENTS

1981 – Subsecs.
(a) to (c). Pub. L. 97-34, Sec. 422(e)(1), (3),

struck out
reference to section 6166A in subsecs. (a) and (b), and

two such
references in subsec. (c).

1978 – Subsec.
(d). Pub. L. 95-600 added subsec. (d).

1976 – Subsec. (a). Pub. L. 94-455, Secs.
1906(b)(13)(A),

2004(f)(6),
substituted “6166 or 6166A” for “or 6166″ after “6161,

6163″ and
struck out “or his delegate” in two places after
“Secretary”.

Subsec. (b).
Pub. L. 94-455, Secs. 1902(a)(9), 1906(b)(13)(A),

2004(f)(4), (6),
substituted “6166 or 6166A” for “or 6166″ after

“6161,
6163″, “has been” for “has not been” after
“payment of

which”, and
struck out “or his delegate” after “Secretary”.

Subsec. (c).
Pub. L. 94-455, Sec. 2004(d)(2), added subsec. (c).

1970 – Pub. L.
91-614, Sec. 101(d)(1)(A), substituted “fiduciary”

for
“executor” in section catchline.

Subsec. (a).
Pub. L. 91-614, Secs. 101(d)(1)(B), (C), (f),

designated
existing provisions as subsec. (a), inserted “General

Rule – ”
immediately preceding first sentence and permitted a

discharge of the
executor even where an extension of time has been

granted under
sections 6161, 6163, or 6166 of this title, where a

bond, if required,
is provided to assure payment of taxes for which

the extension was
granted, and substituted “9 months” for “1 year”

in two places.

Subsec. (b).
Pub. L. 91-614, Sec. 101(d)(1)(D), added subsec.

(b).

 
EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by
Pub. L. 97-34 applicable to estates of decedents

dying after Dec.
31, 1981, see section 422(f)(1) of Pub. L. 97-34,

set out as a note
under section 6166 of this title.

 
EFFECTIVE DATE OF 1978 AMENDMENT

Section
702(p)(2) of Pub. L. 95-600 provided that: “The amendment

made by paragraph
(1) [amending this section] shall apply with

respect to the
estates of decedents dying after December 31, 1976.”

 
EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by
section 1902(a)(9) of Pub. L. 94-455 applicable in

the case of
estates of decedents dying after Dec. 31, 1970, see

section 1902(c)(1)
of Pub. L. 94-455, set out as a note under

section 2011 of
this title.

Amendment by
section 2004(d)(4) of Pub. L. 94-455 applicable to

estates of
decedents dying after Dec. 31, 1976, see section 2004(g)

of Pub. L. 94-455,
set out as a note under section 6166 of this

title.

 
EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by
section 101(d)(1) of Pub. L. 91-614 applicable with

respect to
decedents dying after Dec. 31, 1970, see section 101(j)

of Pub. L. 91-614,
set out as a note under section 2032 of this

title.

Section 101(f)
of Pub. L. 91-614 provided that the amendment made

by that section is
effective with respect to the estates of

decedents dying
after Dec. 31, 1973.

 

-End-