(a) The NRC may accept a percentage of a debtor's profits or stock in a debtor corporation in compromise of a claim. In negotiating a compromise with a business concern, the NRC should consider requiring a waiver of tax-loss-carry-forward and tax-loss-carry-back rights of the debtor. For information on reporting requirements, see § 15.60.
(b) When two or more debtors are jointly and severally liable, the NRC will pursue collection activity against all debtors, as appropriate. The NRC will not attempt to allocate the burden of payment between the debtors but will proceed to liquidate the indebtedness as quickly as possible. The NRC will ensure that a compromise agreement with one debtor does not release the NRC's claim against the remaining debtors. The amount of a compromise with one debtor shall not be considered a precedent or binding in determining the amount that will be required from other debtors jointly and severally liable on the claim.
[67 FR 30322, May 6, 2002]
authority: Atomic Energy Act of 1954, secs. 161, 186 (
42 U.S.C. 2201,
2236; Energy Reorganization Act of 1974, sec. 201 (
42 U.S.C. 5841);
5 U.S.C. 5514;
26 U.S.C. 6402;
31 U.S.C. 3701,
3713,
3716,
3719,
3720A;
42 U.S.C. 664;
44 U.S.C. 3504 note;
31 CFR parts 900 through 904;
31 CFR part 285; E.O. 12146, 44 FR 42657, 3 CFR, 1979 Comp., p. 409; E.O. 12988, 61 FR 4729, 3 CFR, 1996 Comp., p. 157
source: 47 FR 7616, Feb. 22, 1982, unless otherwise noted.
cite as: 10 CFR 15.45