C.F.R. » Title 26 » CHAPTER I—INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY › SUBCHAPTER A—INCOME TAX › PART 1—INCOME TAXES

26 C.F.R. § 1.6851-1

Termination assessments of income tax

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(a) Authority for making—(1) In general. This section applies to assessments authorized by a district director under section 6851(a) (hereinafter referred to as termination assessments). The district director shall immediately authorize a termination assessment of the income tax for the current or preceding taxable year if the district director finds that a taxpayer designs to do an act which would tend to prejudice proceedings to collect the income tax for such year or years unless such proceedings are brought without delay. In addition, the district director shall immediately authorize such a termination assessment if the district director determines that the taxpayer designs to do any act which would tend to render such proceedings wholly or partially ineffective unless brought without delay. A termination assessment will be made if collection is determined to be in jeopardy because at least one of the following conditions exists.

(i) The taxpayer is or appears to be designing quickly to depart from the United States or to conceal himself or herself.

(ii) The taxpayer is or appears to be designing quickly to place his, her, or its property beyond the reach of the Government either by removing it from the United States, by concealing it, by dissipating it, or by transferring it to other persons.

(iii) The taxpayer's financial solvency is or appears to be imperiled.

Paragraph (a)(1)(iii) of this section does not include cases where the taxpayer becomes insolvent by virtue of the accrual of the proposed assessment of tax, and penalty, if any. A tax assessed under this section shall become immediately due and payable and the district director shall serve upon such taxpayer notice and demand for immediate payment of such tax.

(2) Computation of tax. If a termination assessment of the income tax for the current year is made, the income tax for such year shall be computed for the period beginning on the first day of such year and ending on the day of the assessment. A credit shall be allowed for any tax for the taxable year previously assessed under section 6851. The taxpayer is entitled to a deduction for the personal exemptions (as limited in the case of certain non-resident aliens) without any proration for or because of the short taxable period.

(3) Taxable year not affected by termination. Notwithstanding any termination assessment a taxpayer shall file a return in accordance with section 6012 and the regulations thereunder for the taxpayer's full taxable year. The term “full taxable year” means the taxpayer's usual annual accounting period determined without regard to any action under section 6851 and this section. The return shall show all items of gross income, deductions, and credits for such taxable year. Any tax collected as a result of a termination assessment will be applied against the tax due for the taxpayer's full taxable year. Except as provided in § 1.6851-2 (relating to departing aliens), no return is required to be filed for a terminated period other than a full taxable year.

(4) Evidence of compliance with income tax obligations. Citizens of the United States or of possessions of the United States departing from the United States or its possessions will not be required to procure certificates of compliance or to present any other evidence of compliance with income tax obligations. However, for the rules relating to the furnishing of evidence of compliance with the income tax obligations by certain departing aliens, see § 1.6851-2.

(5) Section 6851 inapplicable where section 6861 applies. No termination assessment for the preceding taxable year shall be made after the due date of the taxpayer's return for such year (determined with regard to extensions of time to file such return).

(b) Notice of deficiency. Where notice and demand for payment (following a termination assessment) takes place after February 28, 1977, the district director shall, within 60 days after the later of:

(1) The date the taxpayer files a return for the full taxable year; or

(2) The due date of such return (determined with regard to extensions); send the taxpayer a notice of deficiency under section 6212(a). The amount of the deficiency shall be computed in accordance with section 6211 and the regulations thereunder. In applying section 6211, the tax imposed and the amount shown upon the return shall be determined on the basis of the taxpayer's full taxable year. Thus, for example assume that on November 1, 1979, a termination assessment against A, a calendar year taxpayer, is made in the amount of $18,000. The termination assessment is for the period from January 1, 1979 through November 1, 1979. Further assume that on or before April 15, 1980, A files a form 1040 showing an income tax liability for the full year 1979 of $10,000. If the district director determines A's liability for tax for 1979 is $16,000, a notice of deficiency for $6,000 shall be sent to A on or before June 14, 1980. Assuming that the district director had collected the $18,000 assessed, $2,000 shall be refunded.

(c) Immediate payment. The district director shall make demand for immediate payment of the amount of the termination assessment, and the taxpayer shall immediately pay such amount or shall immediately file the bond provided in section 6863.

(d) Abatement. The provisions of §§ 301.6861-1(e) and 301.6861-1(f) relating to the abatement of jeopardy assessments, shall apply to assessments made under section 6851.

[T.D. 7575, 43 FR 58816, Dec. 18, 1978]
Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1961–2024 · leading case: McWilliams v. Comm'r, 103 T.C. 416 (T.C. 1994).
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McWilliams v. Comm'r, 103 T.C. 416 (T.C. 1994). · cites it 42× “The Appeals officer stated that he believes the proposed deficiency is in danger of not being collected on the basis that petitioner's property may be dissipated, or that petitioner's financial condition appears to be imperiled, citing section 1.6851-1(a)(1)(ii) and (iii),…”
Laing v. United States, 423 U.S. 161 (1976). · cites it 6× “6851-1 (a) (1975), to terminate the taxable period if he finds that the taxpayer designs an act tending to prejudice or render ineffectual the collection of income tax for the current or the preceding tax year. [3] When this is done, notice of the termination must be given the…”
Clayton v. Comm'r, 102 T.C. 632 (T.C. 1994). · cites it 2× “(a), the Secretary shall mail a notice under section 6212(a) for the taxpayer's full taxable year (determined without regard to any action taken under subsection (a)) with respect to which such assessment was made within 60 days after the later of (i) the due date of the…”
Klaas v. Comm'r, 36 T.C. 239 (T.C. 1961). · cites it 10× “, expressly *166 provides that unless a departing alien and his spouse may reasonably be expected to be eligible to file a joint return at the normal close of their taxable periods for which the return is made and, if the taxable period is terminated, the taxable periods of both…”
Prince v. Comm'r, 133 T.C. 270 (T.C. 2009). · cites it 2× “, provides that collection is in jeopardy when at least one of the following conditions exists: (1) "The taxpayer is or appears to be designing quickly to depart from the United *277 States or to conceal himself or herself"; (2) "The taxpayer is or appears to be designing…”
Congelliere v. Comm'r, 59 T.C.M. 709 (T.C. 1990). · cites it 6× “[Section 6851(b) ; see also section 1.6851-1(b), Income Tax Regs. ] Accordingly, which of the two docketed cases relating to Mr.”
Romano v. Comm'r, 101 T.C. 530 (T.C. 1993). · cites it 4× “6851(a)(1) ; sec. 1.6851-1(a), Income Tax Regs. The tax so assessed is tax for the period beginning on the first day of the current taxable year and ending on the date of the assessment.”
Lindholm v. United States, 808 F. Supp. 3 (D.D.C. 1992). “26 C.F.R. §§ 1.6851-1 (a)(1), 301.6861-1(a).”
Bremson v. United States, 459 F. Supp. 128 (W.D. Mo. 1978). “Under the provisions of 26 C.F.R. §§ 1.6851-1 (a)(4), 1.6851-3, and 301.”
Bibby v. Comm'r, 106 Tax Ct. Mem. Dec. (CCH) 665 (T.C. 2013). · cites it 4× “ion that collection of the tax is in jeopardy: (1) the taxpayer is or appears to be designing quickly to depart from the United States or to conceal himself or herself; (2) the taxpayer is or appears to be designing quickly to place his, her or its property beyond the reach of…”
Scardina v. Comm'r, 54 T.C.M. 1544 (T.C. 1988). · cites it 4× “When a termination assessment is determined by the Secretary to be justified, the tax is assessed and becomes immediately due and payable.”
Ang v. Comm'r, 107 T.C.M. 1281 (T.C. 2014). · cites it 2× “epart from the United *90 States or to conceal himself or herself'"; (2) "'The taxpayer is or appears to be designing quickly to place his, or her, or its property beyond the reach of the Government either by removing it from the United States, by concealing it, by dissipating…”
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