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U.S. Code, Title 37, Pay and Allowances of the Uniformed Services
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 558. Income Tax Deferment
Notwithstanding any other provision of law, a Federal income tax return of, or the payment of a Federal income tax by, a member of a uniformed service who, at the time the return or payment would otherwise become due, is in a missing status, does not become due until the earlier of the following dates—
(1) the fifteenth day of the third month in which he ceased (except by reason of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or
(2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed.
That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership.
(Added Pub. L. 89–554, § 5(b), Sept. 6, 1966, 80 Stat. 631; amended Pub. L. 96–513, title V, § 516(16), Dec. 12, 1980, 94 Stat. 2939; Pub. L. 100–26, § 8(c), Apr. 21, 1987, 101 Stat. 285.)
Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
558 50 App. 1013. Mar. 7, 1942, ch. 166, § 13, 56 Stat. 146; Aug. 8, 1947, ch. 515, § 6, 61 Stat. 918; Aug. 14, 1964, Pub. L. 88–428, § 1(9), 78 Stat. 437.
Only that portion of the source law which is applicable to members of the uniformed services and their dependents is codified in this section.
The words "in the case of any taxable year beginning after December 31, 1940" are omitted as unnecessary.
The words "as defined in section 101(3) and (23) of title 37, United States Code" are omitted as unnecessary since the revised section is codified in title 37. The words "in a missing status" are substituted for "absent from his duty station under the conditions specified in section 2 of the Act" to conform to the definition in revised section 551(3) of this chapter and in view of the provisions of revised section 552 establishing the entitlement of a member in a missing status to receive pay and allowances or have them credited to his account. Reference to "title 26" is substituted for "Internal Revenue Code of 1954".
References in Text
Sections 6851, 6861, and 6871 of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6851, 6861, and 6871, respectively, of Title 26, Internal Revenue Code.
1987—Pub. L. 100–26 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954" in last sentence.
1980—Pub. L. 96–513 substituted "the Internal Revenue Code of 1954" for "title 26".
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in section 557 of this title.
Contents:
Chicago:
"U.S. Congress, Office of the Law Revision Counsel", "§ 558. Income Tax Deferment," U.S. Code, Title 37, Pay and Allowances of the Uniformed Services in U.S. Code, Title 37, Pay and Allowances of the Uniformed Services (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed July 18, 2025, http://www.originalsources.com/Document.aspx?DocID=5AIRJJAN12NJNGF.
MLA:
"U.S. Congress, Office of the Law Revision Counsel". "§ 558. Income Tax Deferment." U.S. Code, Title 37, Pay and Allowances of the Uniformed Services, in U.S. Code, Title 37, Pay and Allowances of the Uniformed Services, Washington, D.C., Government Printing Office, 2002, Original Sources. 18 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=5AIRJJAN12NJNGF.
Harvard:
"U.S. Congress, Office of the Law Revision Counsel", '§ 558. Income Tax Deferment' in U.S. Code, Title 37, Pay and Allowances of the Uniformed Services. cited in 2002, U.S. Code, Title 37, Pay and Allowances of the Uniformed Services, Government Printing Office, Washington, D.C.. Original Sources, retrieved 18 July 2025, from http://www.originalsources.com/Document.aspx?DocID=5AIRJJAN12NJNGF.
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