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28 U.S.C. § 960 — Tax liability

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 960 — Tax liability

**(a)** Any officers and agents conducting any business under authority of a United States court shall be subject to all Federal, State and local taxes applicable to such business to the same extent as if it were conducted by an individual or corporation. **(b)** A tax under subsection (a) shall be paid on or before the due date of the tax under applicable nonbankruptcy law, unless— (1) the tax is a property tax secured by a lien against property that is abandoned under [section 554 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section554&num=0&edition=prelim), within a reasonable period of time after the lien attaches, by the trustee in a case under title 11; or (2) payment of the tax is excused under a specific provision of title 11. **(c)** In a case pending under chapter 7 of title 11, payment of a tax may be deferred until final distribution is made under [section 726 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section726&num=0&edition=prelim), if— (1) the tax was not incurred by a trustee duly appointed or elected under chapter 7 of title 11; or (2) before the due date of the tax, an order of the court makes a finding of probable insufficiency of funds of the estate to pay in full the administrative expenses allowed under [section 503(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503/b&num=0&edition=prelim) that have the same priority in distribution under [section 726(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section726/b&num=0&edition=prelim) as the priority of that tax.

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Stable record: federal_law:legal_authorities:record_usc_d55ed28abdf3cd403c72fcb4
Source file: Laws/federal/codes/united-states-code/title-28/section-960-tax-liability--17b42eda7d.md
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Source location: Title 28, Chapter 57, § 960; chapter-057-general-provisions-applicable-to-court-officers-and-employees.md

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**(a)** Any officers and agents conducting any business under authority of a United States court shall be subject to all Federal, State and local taxes applicable to such business to the same extent as if it were conducted by an individual or corporation. **(b)** A tax under subsection (a) shall be paid on or before the due date of the tax under applicable nonbankruptcy law, unless— (1) the tax is a property tax secured by a lien against property that is abandoned under [section 554 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section554&num=0&edition=prelim), within a reasonable period of time after the lien attaches, by the trustee in a case under title 11; or (2) payment of the tax is excused under a specific provision of title 11. **(c)** In a case pending under chapter 7 of title 11, payment of a tax may be deferred until final distribution is made under [section 726 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section726&num=0&edition=prelim), if— (1) the tax was not incurred by a trustee duly appointed or elected under chapter 7 of title 11; or (2) before the due date of the tax, an order of the court makes a finding of probable insufficiency of funds of the estate to pay in full the administrative expenses allowed under [section 503(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503/b&num=0&edition=prelim) that have the same priority in distribution under [section 726(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section726/b&num=0&edition=prelim) as the priority of that tax.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 726 — Distribution of property of the estate

**(a)** Except as provided in [section 510 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section510&num=0&edition=prelim), property of the estate shall be distributed— (1) first, in payment of claims of the kind specified in, and in the order specified in, [section 507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section507&num=0&edition=prelim), proof of which is timely filed under [section 501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501&num=0&edition=prelim) or tardily filed on or before the earlier of— (A) the date that is 10 days after the mailing to creditors of the summary of the trustee’s final report; or (B) the date on which the trustee commences final distribution under this section; (2) second, in payment of any allowed unsecured claim, other than a claim of a kind specified in paragraph (1), (3), or (4) of this subsection, proof of which is— (A) timely filed under [section 501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501/a&num=0&edition=prelim); (B) timely filed under section 501(b) or 501(c) of this title; or (C) tardily filed under [section 501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501/a&num=0&edition=prelim), if— (i) the creditor that holds such claim did not have notice or actual knowledge of the case in time for timely filing of a proof of such claim under [section 501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section501/a&num=0&edition=prelim); and (ii) proof of such claim is filed in time to permit payment of such claim; (3) third, in payment of a

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 554 — Abandonment of property of the estate

**(a)** After notice and a hearing, the trustee may abandon any property of the estate that is burdensome to the estate or that is of inconsequential value and benefit to the estate. **(b)** On request of a party in interest and after notice and a hearing, the court may order the trustee to abandon any property of the estate that is burdensome to the estate or that is of inconsequential value and benefit to the estate. **(c)** Unless the court orders otherwise, any property scheduled under [section 521(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section521/a/1&num=0&edition=prelim) not otherwise administered at the time of the closing of a case is abandoned to the debtor and administered for purposes of [section 350 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section350&num=0&edition=prelim). **(d)** Unless the court orders otherwise, property of the estate that is not abandoned under this section and that is not administered in the case remains property of the estate.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 960 — Tax liability

Page 339 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 991 Editorial Notes AMENDMENTS 1978—Subsec. (b). Pub. L. 95–598 substituted ‘‘Except as provided in section 1166 of title 11, a trustee’’ for ‘‘A trustee’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. § 960. Tax liability (a) Any officers and agents conducting any business under authority of a United States court shall be subject to all Federal, State and local taxes applicable to such business to the same extent as if it were conducted by an indi- vidual or corporation. (b) A tax under subsection (a) shall be paid on or before the due date of the tax under applica- ble nonbankruptcy law, unless— (1) the tax is a property tax secured by a lien against property that is abandoned under sec- tion 554 of title 11, within a reasonable period of time after the lien attaches, by the trustee in a case under title 11; or (2) payment of the tax is excused under a specific provision of title 11. (c) In a case pending under chapter 7 of title 11, payment of a tax may be deferred until final distribution is made under section 726 of title 11, if— (1) the tax was not incurred by a trustee duly appointed or elected under chapter 7 of title 11; or (2) before the due date of the tax, an order of the court makes a finding of probable insuffi- ciency of funds of the estate to pay in full the administrative expenses allowed under section 503(b) of title 11 that have the same priority in distribution under section 726(b) of title 11 as the priority of that tax. (June 25, 1948, ch. 646, 62 Stat. 927; Pub. L

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 960

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