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87102229
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Last modified
10/19/2011 5:16:35 AM
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3/27/2008 2:10:46 PM
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87102229
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M <br />t,+ <br />lit <br />ExcerpM From InWfW Rewnw Code <br />Sec. 8321. Lien For Taxes. <br />If my pe o IWI@ to pay ay in rweNcts or refases to <br />M to sores MW "Mend, to amount (Including any I11Mr. <br />she. amount, agar to net, a aaesabh West <br />tuff w wltr ashy no so " aeerne fn st n them) <br />Am he a hen M haw M to *AM sma upon All properly <br />ate rwft to ple"If wttataa rW or personal, Worldling <br />to each pert. <br />Sec. 8322. Perms Of Lien. <br />Innetl eater dM is OWftrDy Nod by low. the I" <br />kM-W by aeeWt em San she M tee time the aesM.M <br />to net WW eat CWWM lints the Itabifily for the amount so <br />nomad (a a ludpmen ner t loa the Wpaya arising out of <br />such t hy) h s&WW or becahea unileraaabh by reason <br />M of the. <br />Sec. 6323. Validity and Priority Against <br />Certain Persons. <br />(a) PurdoWs, Helder{ Of Segrrt en- <br />bneMe IAedank'e Llenors, And Judgrneld <br />Lien C edWris. — The lien Imposed by onion w shelf <br />flu he vMd a season MY purchaser. bolder of a security <br />WfttM. r4W* d a Inner, Of pndgmam Ices creditor untg notice <br />tarot w r man the roeuuements of subsection 1p has <br />bee Nod by the seenaary. <br />in Men For Fdng Nnillp ; Fol m.- <br />(1) %ace For Filing - The note rstarted to m sub - <br />Section (a) go be filed - <br />(A) Under Stan Laws <br />(i) Run Property - In the case of real property, in one <br />Office within the State lot the county, or Omar governmental <br />subdkrrada); as designated by the taws of such State, in <br />which to property sub)ect to the lien is situated: and <br />(it) Personal Property - M the use of personal <br />property. whether tangible or nttangitih, in one office <br />within the State (or the county, or other governmental <br />Subdivision), as designated by the laws or such State. <br />In which the property subect to the lion is situated. <br />w <br />(a) WO Clark Of District Court - in the office of the Clark of <br />the UMted State district court for the judicial district m which <br />rty s <br />the propeubject to lien is situated. whenever the State has <br />net bylaw ws"Vinf orre office which meats the requirements of <br />rsoraph IA), or <br />(c) With Recorder Of Dcess Of Trio District or Columb a In <br />thew of the flecwdw of Dens of the lust n;I of columbra. I <br />the preeerty Supplier to the lien is situated n the D or,c, of <br />Hi <br />IL <br />III SL <br />Entered <br />nR Dortime+nt No, <br />7--4 1 jl;???9 <br />(;ranter � „,.e,� <br />Z <br />;; Mee <br />wor <br />(r) No of Pro” SubJew To Lien - For papreo of <br />paragraphs (1) and (e). property Mall be dared to be situated <br />W NO Pro" - In to cue of rW pro". all He <br />Phil" I ; or <br />(e) Personal Iho"M - In to cue of personal frroMrty, <br />whether tafMM of Intangible. M the rwldMw of the <br />W"Yer at to trace to fate of Item Is fFted. <br />For wpoaaMperaBrsoMM.the soft Macorp"sftn <br />of parbet rMM shelf be Named to be the pig M which the <br />fxNhcipal aacuta offs M to buahaa Is WOW, @W tee <br />raaldence of a taxpsya whose residence is widaut the United <br />Sane Shan be deemed to be In the District of Columbia. <br />- (g Form , 'The form ant comet of the moth <br />faf" to In sulnerl (a) Man be prescribed by the <br />Secretary. Such notice Shad be valid notwithstanding any <br />other provision of law regarding the form or content of a <br />nolite of lien <br />Note: See section 6323(b) for protection for <br />certain interests even though notice of lien <br />imposed by section 6321 Is filed with respect <br />to: <br />1. Securities <br />2. Mote, vehicles <br />3. Pam" property purchased M retail <br />a. Paanal property purchased In casual site <br />5. Pwanal property subjected to possessory lien <br />5. Rai property tax and special nossment liens <br />7. Residential property Suspect to a mechanic's <br />lien for content repairs and improvements <br />E. <br />Attorney's liens <br />9 certain rnsurance contracts <br />10. Passbook loans <br />lol Refilling Of Nofte. — For purposes of this <br />section - <br />(1) Genera Rude. — Unless notice of lien is retired in <br />the manner prescribed in paragraph (2) during the required <br />railing period. such notice of lien Shelf beiruted as filed on the <br />date onwhich it is filed (in accordance with subsection rt)) artier <br />Me expiration of such Ill period <br />(2) PMa For Filling. — A notice of hen retied <br />during the required retiling period Mail be erfamvs only <br />,A I <br />11) such notice 01 lion is refried in the office in which the <br />prior notice of lien was filed, and <br />or in the case of real property, the tact of reining is <br />entered and recorded in an index to the extent requred by <br />subsecto it, le), and <br />B) in any case :n which. 90 days or mare P,� to too date <br />of a retiling of notice of hen under suoparagrapn (A), the <br />In <br />a <br />�i <br />1 <br />Ul <br />Sew" raged wntleh hMormatlpt (in the mama <br />prescribed In regulations MM by to Secretatyl <br />conces" a chattel M the un wars residence. R a now <br />of NO ON to Ma flte0 M ttceadace well wbadthn (0 In <br />to etete In which ash r"Wm Is lowed. <br />M red Peeled. — in the can <br />M any notice M hers. the Wm "mgtdmd feelbM period" mane - <br />(A) the ore -yor period in" SD days afar the expiration <br />of a Yuri ofer the data of to seesament M der tax, and <br />(e) theory -Year period ending with the expiration ofeyum <br />after the cilia of me preach rpulted NM" Pefiell for <br />such noticifeallM. <br />Sec. 6325. Release Of Lien Or <br />Of Of Property. <br />(a) ReleYe Of Len. — SfiW to such <br />regulation as the Secretary may prescribe, the Secretary shall <br />Issue a certificate of release of any Ilen Imposed with respect to <br />any internal revenue sex nor teW than 30 days attar the day on <br />which - <br />(tl Liability Satisfied or Unerdorcesble - The Secretary <br />finds that the liability for the amount &NN%l together with all <br />Interest In respect thereof. has been fully Satisfied or has <br />become hgafly uranforoSabir, or <br />(2) Bona Accepted - Then Is furnished to the Secretary and <br />accepted by him a bond that is conditioned upon the payment of <br />the amount aaaed, together with all Interest In respect <br />thersof, within to time prescribed by law (including any <br />extension of such lime). and that it in accordance with such <br />requirements relating to terms. conditions, and form of the bond <br />and sureties thereon, as may be specified by such regulations. <br />Sec. 6103. Confidentiality and Dis- <br />closure of Returns and Return In- <br />formation. <br />(k) DilwWw re of Certain Returns and <br />Ratum IMormatlon For Tax Adminlstration <br />PUMOM. — <br />(2) Disclosure of amount of outstanding lion. -If a notice at <br />lien has been filed pursuant to section M231f), the amount of the <br />outstanding obligation secured by such lien may be disclosed to <br />any person wno furnishes satisfactory written evidence that he <br />has a right In the property subject to such lien or intends to <br />obtain a right in such property. <br />
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