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l t <br />a <br />0 <br />1INr <br />0 <br />0 <br />Excerpts From internal Revenue Code <br />Sec. 6321. Lien For Taxes <br />If any persm I•able to pay any tax reg!ects or refuses to pay <br />Om same after demand, the amount (me:tzng any imetest, ad- <br />drtbnal amount, addition to tax, or assessable penalty, together <br />with any costs that may we ue in addition thereto) shah be a <br />Hen in favor of the Un'ted States upon an property ano r h!s to <br />properly, whether rent or personal, bebng ng to such person. <br />See. 6322. Period Of Lien. <br />Unless another date b spedfiCaily fixed by laW. the lien im- <br />posed by section 6321 shall a140 at :rte time the assessment <br />P11 mane and $110 continue until the hab ;'ty lot the amoun! so <br />�*'r tut a jtwrmni against fine mxwayer arsng out or sun <br />liability) is satisfied or becomes unenforceable by reason of Kpse <br />of time. <br />Sec. 6323. Validity and Priority Against <br />Certain Peisons. <br />(a) Purchaser's, Holders Of Security In- <br />terests, Mechanic's Llenors, And Judg- <br />ment Lien Creditors. —The !:en Imposed by season <br />6321 shall not be valid as against any purchaser, ho'der of a <br />security Interest, mechanic's lienor, or judgment ten crod:Or un t <br />noDee thereof which meals the requeemews o! subsection (f) <br />has been filed by the Secretary. <br />to Place For Filing Notice; Form. — <br />(1) Piece For Filing - The notice referred tO n subaccton <br />(a) shalt be filed - <br />(A) Under State laws <br />(Q Rea) Property - In the case of real props ty, in one <br />office within the Slate (or the county, or other govemn:en!at <br />t subdivision), as designated by the IaaS of such S'aty. in <br />which the propsry subject !o the ren is situated: and <br />n Personal Property - In the Case of personal prcp- <br />Orly, whether tangiWe or inmangive, in one V.ce VMn'I Ito <br />State (or the county, or other governmental suDdie.son), as <br />designated by the laws of such Slate. in whzh 'he prcp_n; <br />subject to the !;an is situated: or <br />(B) With Clark Of Dstret Court-In the off-co of the ae•x <br />of the United Stases �,s•.•:a court for tfv,;udicrai 0s'rct n <br />the property subject to lion Is Vuatcd, a hcnevcr the SWe has <br />Wt by Ia',v designated One Of60e wh:.h r'.eeLS 1W requirements <br />-' of 60l1aragraph (A), or <br />(C) Mh Recorder Of Deeds Of The District Of Columbia - <br />In the office of the Recorder of Deeds of the District of Cofambi3, <br />N the property subsea to the lion is vuatod ii the D :sin- -t of <br />Columbia <br />0 S,r�s Of Property Subject To Uen • For purposes of <br />paragraphs ; Ii and (3), property shall be deemed to Do situated - <br />(A) Real Property - In the case of real property, at Its <br />phy3tal :octagon: or <br />(0) Personal Property - In the case of personal property, <br />whether langiWo or intang:b:o. at the res'.denco of the tax. <br />payer at the time the noto of lien is f.w. <br />For purposes of paragra;h (2) (a). the residence of a corporation <br />Of p3rW*;hip shalt to dad, -ad to ba T a plate at which Ihb prnr <br />opal executive otGy of the '`•usiross is located, and the resi- <br />dence of a taxpayer wfbso 'as.danoe is wdhoul the United <br />States shall be deemed to be in the District of Columbia. <br />43) Fc•m • The form and content of the rolice referred to <br />in sutsecton (a) shat be prestrlbcd by the Secretary. Such <br />.: o shay: N ••3;d ro'• .D=.ing any D a prow ran of law <br />reaa•C,nd the lone or consent of a not m of ern <br />Note: See section 6323(b) for protection <br />for certain interests even though notice of <br />lien imposed by section 6321 is filed with <br />respect to: <br />1. socu:.: as <br />2. Mo :Dr.eh, +s <br />3. Personal xOpehy p.-chased at rcta: <br />4 personal property purchased In casual sa o <br />5 Pcrsc ^al property su',eced to possessory Icon <br />5 P. a: property tax and special assessment !.ens <br />7 Rcs der•.al prcco•ty sub ,'cat to a me :ham^ s <br />8 WI en for certain repa•rs and mnprovemen's <br />"orroy's .ens <br />9 Corte n -nsc,ance cc °:'ac *.s <br />10 Passbook loans <br />(g) Wiling Of Notice. — For pi;—oses of this <br />semen - <br />if) General Rule. — Unless notice of lion Is re5ied <br />:n the manner orescribed i^ caragraph 12) dwing the required <br />ref :.rg period, such no.;Ce of Len shat: be t•eated as filed on <br />:he date 01 t:hdh ht's Fred hn accordan_e a,rn SubSechon (f)) <br />after I. ex :.ralon 0 such rei::mg perod_ <br />(2: Place For Filing. —A nc'.co 0 !.on reh'ed dur- <br />ing iea -e%c ed rertr g p.,r.o^ she:! to asset .o erq . <br />(A. '• <br />W Szch J'.co of i:en ,s W.'ed .n ine offiso in which <br />she o*& o. :e cf :en was fled. and <br />: ) .n ?rd Case of tea; Capertj. :':o !ac: ^! rel:iriq is <br />en•e•ed and recorded in an maox to To Wen•'vequired by <br />sacs=on (Q (a), and <br />(8) in any case in witch. 90 days or more ;nor :o the date <br />Of a ref,: rg Of recta c' .ea . -Cor subparagraph (A), the <br />a <br />secretary reoehred written Ift latiot Qn the rtrrrwr pre- <br />scribed in regulation Issued by the Secntaryj cioncerni g <br />a change in this bexpnyerb residence, I e noft of such Nett <br />Is also filed In accordance with sutrecllon (Q in the State <br />In which such re>siderra is tocsbl& <br />(3) Required Willing Period. —in the see <br />Of any notice Of lien. itN WM'requhd rotting period' MWS - <br />(A) tiro on yar perbd ending 30 days after ft Sollion <br />of 6 years after the date of ft assesuMnt of ft tax and <br />(e) tla one-year period ending with this selpirdw of a <br />years Offer the chose of the pr wfiflig MOW reAtlrg period <br />for such notice of Ilan. <br />Sec. 6325. Release_ Of Lien Or <br />Discharge Of Property. <br />(a) Release Of Lion. — sttbpet to such opw <br />tions as the Secretary may praor(be, the Seon(ay *a i0a <br />a certificate of release of any Hen thaw with raped b any <br />veinw rceonuo tax not later than 3o days after the day an <br />which . <br />(1) liabrhySatisfiedorUnenforceable - TheSecra"fri s <br />that the liability for the amount assessed, together with aN In, <br />latest in respect thereof, has been fully satisfied or itas become <br />:egaly unenforceable: or <br />(2) Bond Accepted -There Is fumished to the SecreWy and <br />accepted by him a bond that is conditioned upon she payment . <br />of the amount assessed, together with all interest in respect <br />!''ereof, within the time prescribed by faw pnctuding any exteo- <br />s cn of such time), and that is in accordance with such require• <br />'tents relating to terms, conditbn, and form of the bond and <br />sureties thereon, as may be specified by such regulations. <br />Sec. 6103. Confidentiality and <br />Disclosure of Returns and Return <br />Information. <br />(k) Disclosure of Certain Returns and <br />Return Information For Tax Administra- <br />tion Purposes.— <br />(2) Disclosure of amount of outstanding Hen.•i a notice of <br />i:en has been hsed pursuant to section 6323(Q, the amount of <br />the outstanding obrtgation secured by Such lien may be discloeed <br />to any person who fumfshes satisfactory written evidence that <br />re has a right in ifs propurty subject to such Hen or intends to <br />obtain a right in such property. <br />J <br />• ,r1 <br />t <br />i <br />d <br />N <br />rtD <br />tfi� <br />Ent�eiri t1! pbotRnfe*f Iw. <br />i � <br />It <br />I. <br />w <br />o <br />�...� <br />O <br />130 JAN Ali Up Z3 <br />X <br />' <br />I a <br />3 0� <br />0 S,r�s Of Property Subject To Uen • For purposes of <br />paragraphs ; Ii and (3), property shall be deemed to Do situated - <br />(A) Real Property - In the case of real property, at Its <br />phy3tal :octagon: or <br />(0) Personal Property - In the case of personal property, <br />whether langiWo or intang:b:o. at the res'.denco of the tax. <br />payer at the time the noto of lien is f.w. <br />For purposes of paragra;h (2) (a). the residence of a corporation <br />Of p3rW*;hip shalt to dad, -ad to ba T a plate at which Ihb prnr <br />opal executive otGy of the '`•usiross is located, and the resi- <br />dence of a taxpayer wfbso 'as.danoe is wdhoul the United <br />States shall be deemed to be in the District of Columbia. <br />43) Fc•m • The form and content of the rolice referred to <br />in sutsecton (a) shat be prestrlbcd by the Secretary. Such <br />.: o shay: N ••3;d ro'• .D=.ing any D a prow ran of law <br />reaa•C,nd the lone or consent of a not m of ern <br />Note: See section 6323(b) for protection <br />for certain interests even though notice of <br />lien imposed by section 6321 is filed with <br />respect to: <br />1. socu:.: as <br />2. Mo :Dr.eh, +s <br />3. Personal xOpehy p.-chased at rcta: <br />4 personal property purchased In casual sa o <br />5 Pcrsc ^al property su',eced to possessory Icon <br />5 P. a: property tax and special assessment !.ens <br />7 Rcs der•.al prcco•ty sub ,'cat to a me :ham^ s <br />8 WI en for certain repa•rs and mnprovemen's <br />"orroy's .ens <br />9 Corte n -nsc,ance cc °:'ac *.s <br />10 Passbook loans <br />(g) Wiling Of Notice. — For pi;—oses of this <br />semen - <br />if) General Rule. — Unless notice of lion Is re5ied <br />:n the manner orescribed i^ caragraph 12) dwing the required <br />ref :.rg period, such no.;Ce of Len shat: be t•eated as filed on <br />:he date 01 t:hdh ht's Fred hn accordan_e a,rn SubSechon (f)) <br />after I. ex :.ralon 0 such rei::mg perod_ <br />(2: Place For Filing. —A nc'.co 0 !.on reh'ed dur- <br />ing iea -e%c ed rertr g p.,r.o^ she:! to asset .o erq . <br />(A. '• <br />W Szch J'.co of i:en ,s W.'ed .n ine offiso in which <br />she o*& o. :e cf :en was fled. and <br />: ) .n ?rd Case of tea; Capertj. :':o !ac: ^! rel:iriq is <br />en•e•ed and recorded in an maox to To Wen•'vequired by <br />sacs=on (Q (a), and <br />(8) in any case in witch. 90 days or more ;nor :o the date <br />Of a ref,: rg Of recta c' .ea . -Cor subparagraph (A), the <br />a <br />secretary reoehred written Ift latiot Qn the rtrrrwr pre- <br />scribed in regulation Issued by the Secntaryj cioncerni g <br />a change in this bexpnyerb residence, I e noft of such Nett <br />Is also filed In accordance with sutrecllon (Q in the State <br />In which such re>siderra is tocsbl& <br />(3) Required Willing Period. —in the see <br />Of any notice Of lien. itN WM'requhd rotting period' MWS - <br />(A) tiro on yar perbd ending 30 days after ft Sollion <br />of 6 years after the date of ft assesuMnt of ft tax and <br />(e) tla one-year period ending with this selpirdw of a <br />years Offer the chose of the pr wfiflig MOW reAtlrg period <br />for such notice of Ilan. <br />Sec. 6325. Release_ Of Lien Or <br />Discharge Of Property. <br />(a) Release Of Lion. — sttbpet to such opw <br />tions as the Secretary may praor(be, the Seon(ay *a i0a <br />a certificate of release of any Hen thaw with raped b any <br />veinw rceonuo tax not later than 3o days after the day an <br />which . <br />(1) liabrhySatisfiedorUnenforceable - TheSecra"fri s <br />that the liability for the amount assessed, together with aN In, <br />latest in respect thereof, has been fully satisfied or itas become <br />:egaly unenforceable: or <br />(2) Bond Accepted -There Is fumished to the SecreWy and <br />accepted by him a bond that is conditioned upon she payment . <br />of the amount assessed, together with all interest in respect <br />!''ereof, within the time prescribed by faw pnctuding any exteo- <br />s cn of such time), and that is in accordance with such require• <br />'tents relating to terms, conditbn, and form of the bond and <br />sureties thereon, as may be specified by such regulations. <br />Sec. 6103. Confidentiality and <br />Disclosure of Returns and Return <br />Information. <br />(k) Disclosure of Certain Returns and <br />Return Information For Tax Administra- <br />tion Purposes.— <br />(2) Disclosure of amount of outstanding Hen.•i a notice of <br />i:en has been hsed pursuant to section 6323(Q, the amount of <br />the outstanding obrtgation secured by Such lien may be discloeed <br />to any person who fumfshes satisfactory written evidence that <br />re has a right in ifs propurty subject to such Hen or intends to <br />obtain a right in such property. <br />J <br />• ,r1 <br />t <br />i <br />d <br />N <br />rtD <br />tfi� <br />