[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Rules and Regulations]
[Page 67595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29999]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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because section 6152 was repealed for tax years beginning after 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 Section 6152 was repealed by section 1404(c)(1) of 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respect to provisions in section 6152 repealed in 1982) and estates of 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