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 Rev. Rul. 76-51

1976-1 C.B. 382

Section 6161 -- Extension of Time

IRS Headnote

Extension of time to pay first installment. An estate that has been granted an extension of time for filing, and that pays the first installment of tax at the same time it files the return and an election to pay the tax in installments, will be considered to have made a timely filed request for an extension of time to pay the first installment; Rev. Rul. 74-499 amplified.

Full Text

Rev. Rul. 76-51

Rev. Rul. 74-499, 1974-2 C.B. 397, holds, in part, that a late request for an extension of time to pay the first installment of Federal estate tax may be granted under section 6161(a)(2) of the Internal Revenue Code of 1954 even if the deceased's personal representative, who requested and obtained an extension of time to file Form 706, United States Estate Tax Return, does not request the extension of time to pay the estate tax until filing the return and making the election under section 6166 during the extended filing period.

Rev. Rul. 74-499 does not determine whether an extension of time to pay the first installment of estate tax can be granted if the deceased's personal representative, who has requested and obtained an extension of time to file the estate tax return, never requests an extension of time to pay the first installment of estate tax but instead files the return within the extended filing period and at the same time makes the election under section 6166 and pays the first estate tax installment.

Held, an extension of time to pay the first installment of estate tax may be granted under section 6161(a)(2) of the Code even though the deceased's personal representative never requested an extension of time to pay the tax. Payment of the first installment within the extended filing period at the time of filing the return and making the election under section 6166 will be considered a timely filed request for an extension of time to pay the first installment under 6161(a)(2).

Rev. Rul. 74-499 is hereby amplified.