
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC7485]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                Subtitle F--Procedure and Administration
 
                    CHAPTER 76--JUDICIAL PROCEEDINGS
 
            Subchapter D--Court Review of Tax Court Decisions
 
Sec. 7485. Bond to stay assessment and collection


(a) Upon notice of appeal

    Notwithstanding any provision of law imposing restrictions on the 
assessment and collection of deficiencies, the review under section 7483 
shall not operate as a stay of assessment or collection of any portion 
of the amount of the deficiency determined by the Tax Court unless a 
notice of appeal in respect of such portion is duly filed by the 
taxpayer, and then only if the taxpayer--
        (1) on or before the time his notice of appeal is filed has 
    filed with the Tax Court a bond in a sum fixed by the Tax Court not 
    exceeding double the amount of the portion of the deficiency in 
    respect of which the notice of appeal is filed, and with surety 
    approved by the Tax Court, conditioned upon the payment of the 
    deficiency as finally determined, together with any interest, 
    additional amounts, or additions to the tax provided for by law, or
        (2) has filed a jeopardy bond under the income or estate tax 
    laws.

If as a result of a waiver of the restrictions on the assessment and 
collection of a deficiency any part of the amount determined by the Tax 
Court is paid after the filing of the appeal bond, such bond shall, at 
the request of the taxpayer, be proportionately reduced.

(b) Bond in case of appeal of certain partnership-related decisions

    The condition of subsection (a) shall be satisfied if a partner duly 
files notice of appeal from a decision under section 6226, 6228(a), 
6247, or 6252 and on or before the time the notice of appeal is filed 
with the Tax Court, a bond in an amount fixed by the Tax Court is filed, 
and with surety approved by the Tax Court, conditioned upon the payment 
of deficiencies attributable to the partnership items to which that 
decision relates as finally determined, together with any interest, 
penalties, additional amounts, or additions to the tax provided by law. 
Unless otherwise stipulated by the parties, the amount fixed by the Tax 
Court shall be based upon its estimate of the aggregate liability of the 
parties to the action.

(c) Cross references

            (1) For requirement of additional security notwithstanding 
        this section, see section 7482(c)(3).
            (2) For deposit of United States bonds or notes in lieu of 
        sureties, see section 9303 of title 31, United States Code.

(Aug. 16, 1954, ch. 736, 68A Stat. 891; Pub. L. 91-172, title IX, 
Sec. 960(h)(3), Dec. 30, 1969, 83 Stat. 735; Pub. L. 97-248, title IV, 
Sec. 402(c)(16), Sept. 3, 1982, 96 Stat. 668; Pub. L. 97-258, 
Sec. 3(f)(15), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 105-34, title XII, 
Secs. 1222(b)(4), 1241(a), Aug. 5, 1997, 111 Stat. 1019, 1029.)

                       References in Text

    The income and estate tax laws, referred to in subsec. (a)(2), are 
classified generally to this title.


                               Amendments

    1997--Subsec. (b). Pub. L. 105-34, Sec. 1222(b)(4)(B), amended 
heading generally. Prior to amendment, heading read as follows: ``Bond 
in case of appeal of decision under section 6226 or section 6228(a)''.
    Pub. L. 105-34, Sec. 1222(b)(4)(A), substituted ``, 6228(a), 6247, 
or 6252'' for ``or 6228(a)''.
    Pub. L. 105-34, Sec. 1241(a), inserted ``penalties,'' after ``any 
interest,'' and substituted ``aggregate liability of the parties to the 
action'' for ``aggregate of such deficiencies''.
    1982--Subsecs. (b), (c). Pub. L. 97-248 added subsec. (b) and 
redesignated former subsec. (b) as (c).
    Subsec. (c)(2). Pub. L. 97-258 substituted ``section 9303 of title 
31, United States Code'' for ``6 U.S.C. 15''. Notwithstanding the 
directory language that amendment be made to subsec. (b)(2), the 
amendment was executed to subsec. (c)(2) to reflect the probable intent 
of Congress and the intervening redesignation of subsec. (b) as (c) by 
Pub. L. 97-248.
    1969--Subsec. (a). Pub. L. 91-172 substituted ``notice of appeal'' 
for ``petition for review'' and ``appeal bond'' for ``review bond''.


                    Effective Date of 1997 Amendment

    Amendment by section 1222(b)(4) of Pub. L. 105-34 applicable to 
partnership taxable years beginning after Dec. 31, 1997, see section 
1226 of Pub. L. 105-34, as amended, set out as a note under section 6011 
of this title.
    Section 1241(b) of Pub. L. 105-34 provided that: ``The amendment 
made by this section [amending this section] shall take effect as if 
included in the amendments made by section 402 of the Tax Equity and 
Fiscal Responsibility Act of 1982 [Pub. L. 97-248].''


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-248 applicable to partnership taxable years 
beginning after Sept. 3, 1982, with provision for the applicability of 
the amendment to any partnership taxable year ending after Sept. 3, 
1982, if the partnership, each partner, and each indirect partner 
requests such application and the Secretary of the Treasury or his 
delegate consents to such application, see section 407(a)(1), (3) of 
Pub. L. 97-248, set out as an Effective Date note under section 6221 of 
this title.


                    Effective Date of 1969 Amendment

    Amendment by Pub. L. 91-172 effective 30 days after Dec. 30, 1969, 
see section 962(f) of Pub. L. 91-172, set out as a note under section 
7483 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6015, 6215, 7101, 7103 of 
this title.
