Federal · Title 26 — Internal Revenue Code

26 U.S.C. § 7508: Time for performing certain acts postponed by reason of service in combat zone or contingency operation

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Filing any return of income, estate, gift, employment, or excise tax; Payment of any income, estate, gift, employment, or excise tax or any installment thereof or of any other liability to the United States in respect thereof; Filing a petition with the Tax Court, or filing a notice of appeal from a decision of the Tax Court; Allowance of a credit or refund of any tax; Filing a claim for credit or refund of any tax; Bringing suit upon any such claim for credit or refund; Assessment of any tax; Giving or making any notice or demand for the payment of any tax, or with respect to any liability to the United States in respect of any tax; Collection, by the Secretary, by levy or otherwise, of the amount of any liability in respect of any tax; Bringing suit by the United States, or any officer on its behalf, in respect of any liability in respect of any tax or in respect of any erroneous refund; and Any other act required or permitted under the internal revenue laws specified by the Secretary; The amount of any credit or refund; and Any certification of a seriously delinquent tax debt under section 7345. Subsection (a) shall not apply for purposes of determining the amount of interest on any overpayment of tax. If an individual is entitled to the benefits of subsection (a) with respect to any return and such return is timely filed (determined after the application of such subsection), subsections (b)(3) and (e) of section 6611 shall not apply. The provisions of this section shall apply to the spouse of any individual entitled to the benefits of subsection (a). Except in the case of the combat zone designated for purposes of the Vietnam conflict, the preceding sentence shall not cause this section to apply for any spouse for any taxable year beginning more than 2 years after the date designated under section 112 as the date of termination of combatant activities in a combat zone. The period of service in the area or contingency operation referred to in subsection (a) shall include the period during which an individual entitled to benefits under subsection (a) is in a missing status, within the meaning of section 6013(f)(3). Notwithstanding the provisions of subsection (a), any action or proceeding authorized by section 6851 (regardless of the taxable year for which the tax arose), chapter 70, or 71, as well as any other action or proceeding authorized by law in connection therewith, may be taken, begun, or prosecuted. In any other case in which the Secretary determines that collection of the amount of any assessment would be jeopardized by delay, the provisions of subsection (a) shall not operate to stay collection of such amount by levy or otherwise as authorized by law. There shall be excluded from any amount assessed or collected pursuant to this paragraph the amount of interest, penalty, additional amount, and addition to the tax, if any, in respect of the period disregarded under subsection (a). In any case to which this paragraph relates, if the Secretary is required to give any notice to or make any demand upon any person, such requirement shall be deemed to be satisfied if the notice or demand is prepared and signed, in any case in which the address of such person last known to the Secretary is in an area for which United States post offices under instructions of the Postmaster General are not, by reason of the combatant activities, accepting mail for delivery at the time the notice or demand is signed. In such case the notice or demand shall be deemed to have been given or made upon the date it is signed. The assessment or collection of any internal revenue tax or of any liability to the United States in respect of any internal revenue tax, or any action or proceeding by or on behalf of the United States in connection therewith, may be made, taken, begun, or prosecuted in accordance with law, without regard to the provisions of subsection (a), unless prior to such assessment collection, action, or proceeding it is ascertained that the person concerned is entitled to the benefits of subsection (a). With respect to any period of continuous qualified hospitalization described in subsection (a) and the next 180 days thereafter, subsection (a) shall not apply in the application of section 6502. Any individual who performed Desert Shield services (and the spouse of such individual) shall be entitled to the benefits of this section in the same manner as if such services were services referred to in subsection (a). such services are performed in the area designated by the President pursuant to this subparagraph as the “Persian Gulf Desert Shield area”, and such services are performed during the period beginning on August 2, 1990 , and ending on the date on which any portion of the area referred to in subparagraph (A) is designated by the President as a combat zone pursuant to section 112. any hospitalization outside the United States, and any hospitalization inside the United States, except that not more than 5 years of hospitalization may be taken into account under this paragraph.

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