[Federal Register: December 3, 2003 (Volume 68, Number 232)]
[Rules and Regulations]
[Page 67595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de03-5]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1, 301, and 602
[TD 9096]
RIN 1545-BC53
Installment Payments
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Removal of final regulations.
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SUMMARY: This document removes regulation Sec. Sec. 1.6152-1 and
301.6152-1 relating to installment payments made pursuant to section
6152 of the Internal Revenue Code. These regulations are obsolete
because section 6152 was repealed for tax years beginning after
December 31, 1986. The removal of these regulations will not affect
taxpayers.
DATES: The removal of these regulations is effective December 3, 2003.
FOR FURTHER INFORMATION CONTACT: Janice R. Feldman, (202) 622-4940 (not
a toll-free number).
SUPPLEMENTARY INFORMATION
Background and Explanation of Provisions
This document removes one section from the Income Tax Regulations
(26 CFR part 1) and one section from the Procedure and Administration
Regulations (26 CFR part 301) relating to installment payments made
pursuant to section 6152 of the Internal Revenue Code. Section 6152,
prior to its repeal in 1986, generally permitted a decedent's estate to
pay income taxes in four equal installments, with the fourth
installment due on or before 9 months after the date prescribed for the
payment of the tax. Section 6152 was repealed by section 1404(c)(1) of
the Tax Reform Act of 1986, (Pub. L. 99-514, 100 Stat. 2714),
applicable to taxable years beginning after December 31, 1986. The
repeal of section 6152 has rendered Sec. Sec. 1.6152-1 and 301.6152-1
obsolete.
Section 1.6152-1 was added by TD 6364, published in the Federal
Register for November 26, 1960 (25 FR 12138). Section 1.6152-1 was
amended by TD 6914 (32 FR 3819) and by TD 7953 (49 FR 19643). Section
1.6152-1, as amended, provides that corporations (relevant only with
respect to provisions in section 6152 repealed in 1982) and estates of
decedents may elect to pay income taxes in installments.
Section 301.6152-1 was added by TD 6498 (25 FR 10154) published in
the Federal Register for October 25, 1960. Section 301.6152-1 provides
that the regulations relating to the installment payments of income
taxes are found at Sec. 1.6152-1.
Effect on Other Documents
The final regulation Sec. 1.6152-1 published in the Federal
Register for May 9, 1984 (49 FR 19643) and the final regulation Sec.
301.6152-1 published in the Federal Register for October 25, 1960 (25
FR 10154) are removed as of December 3, 2003.
Special Analyses
It has been determined that the removal of these regulations is not
a significant regulatory action as defined in Executive Order 12866.
Therefore, a regulatory assessment is not required. Because this rule
merely removes regulatory provisions made obsolete by statute, prior
notice and comment and a delayed effective date are unnecessary and
contrary to the public interest. 5 U.S.C. 553(b)(B) and (d). Because no
notice of proposed rulemaking is required, the Regulatory Flexibility
Act (5 U.S.C. chapter 6) does not apply.
Drafting Information
The principal author of the removals of these regulations is Janice
R. Feldman of the Office of Associate Chief Counsel, Procedure and
Administration (Administrative Provisions and Judicial Practice
Division).
List of Subjects
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
26 CFR Part 301
Employment taxes, Estate taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping requirements.
26 CFR Part 602
Reporting and recordkeeping requirements.
Adoption of Amendments to the Regulations
0
Accordingly, 26 CFR parts 1, 301, and 602 are amended as follows:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
Sec. 1.6152-1 [Removed]
0
Par. 2. Section 1.6152-1 is removed.
PART 301--PROCEDURE AND ADMINISTRATION
0
Par. 3. The authority citation for part 301 continues to read in part
as follows:
Authority: 26 U.S.C. 7805 * * *
Sec. 301.6152-1 [Removed]
0
Par. 4. Section 301.6152-1 is removed.
PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT
0
Par. 5. The authority citation for part 602 continues to read as
follows:
Authority: 26 U.S.C. 7805 * * *
Sec. 602.101 [Amended]
0
Par. 6. In Sec. 602.101, paragraph (b) is amended by removing the
entry for 1.6152-1 from the table.
Approved: November 19, 2003.
Robert E. Wenzel,
Deputy Commissioner for Services and Enforcement.
Pamela F. Olson,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 03-29999 Filed 12-2-03; 8:45 am]
BILLING CODE 4830-01-P