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<br />Excerpts From Internal Revenue Code
<br />Sec. 6321. Lien For Taxes.
<br />It any person liable to pay any tax neglects or To um to
<br />pay red Same attar demand. the amount (including any Intent.
<br />wL Addhional amount, addteon to tax, or Assessable penalty,
<br />togVIW trim airy WO sees may e.;,w in addition tharW)
<br />shall be a Ilan In former of the United States upon all property
<br />and right to property, whnther tW or personal, belonging
<br />to such parson.
<br />Sec. 6322. Period Of Lien.
<br />Unless snotner date is Specifically fixed by law, the lien
<br />Imposed by section W21 Shall aria, at the Time the assessment
<br />la roads and shall continue until the liability for the amount so
<br />"osassd (or a judgment against the taxpayer arising out of
<br />such liability) is Satisfied or becomes unenforcht by reason
<br />of tapes of t:ms.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(u Purchaser's, Holden Of Security In-
<br />tenets, Mediank's Lienors, And Judgment
<br />Lion Creditors. — The lien imposed by section WI shah
<br />tat be valid as against any purchaser, holder of a Security
<br />Interest, mechanic's Ili or judgment lien creditor until noun
<br />lhsW which moors the requirements of subsection (1) has
<br />been filed by the Secretary.
<br />(n Piece For Filing Notice; Form. —
<br />(1) Place For Filing - The notice referred 10 tin
<br />section (a) Shall be filed -
<br />(A) Under State Laws
<br />(i) Real Property - In the cast of real property. in one
<br />office within me State (or the county, or other governmental
<br />w ► division). tie designated by the laws of such State, in
<br />wench the property subject to the lien is situated. and
<br />hill Personal Property In the case or persona,
<br />property. whether tangible or mtangiole, in one office
<br />within the Slate for the county, or alter governmenia
<br />suboyisronl as designated by the laws aI such Stam
<br />in which the propel subject IQ Tire ,.en
<br />or
<br />IW Wren Cfark D! D,sinct Lour! !n less oacx a! less crone of
<br />the United States district coon +or the ;uoicial cistr,t
<br />the "*Perry subject to tier, is s,tuatee wncrever' ^.e iiaie Pas
<br />notbyisiedeso"I" oneofl:u which mesa:he•e,,:r' _15 e'
<br />subparagraph (At or
<br />(C) With Recorder D", Deeoa 01 The 7isvicr If Co- ,iivo-a sn
<br />IN office of IN Recorder of Geode of no 0,st-1 or Co•.ini
<br />the property subject to the tier, s s wa,ec - r • _ ,
<br />Columbia .
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<br />11 6nttired as Docurllent Nor
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<br />Cran,or _,
<br />Grantee_ f'
<br />Numerical _de
<br />(2) Sit" Of property, SvW To Lien - For purposes of
<br />paragraphs (1) and (A), property shall bi doomsd to be Shusted -
<br />(A) ROW Proseary - In the Can rat r.._r ^- iy, .8
<br />physical loctil or
<br />(f) Personal Property - In the can of personal property,
<br />whether tangible or Intnglbls, at the residence of the
<br />taxpayer at the time the notice of Ilan Is filed.
<br />For purposes of paragraph (2) (x). the rnldwa of a corporation
<br />or WrRrshlp Shall be deemed to be the place at which the
<br />princlpal executive office of the business Is located, and the
<br />residence of a taxpayer whose resleenee Is without the United
<br />54tes shall be deemed to be In the District of Colunt
<br />(3) Form - The form and content of the notice
<br />reterred to In subsection (a) shall be prescribed by the
<br />Secretary. Such notice shall be valid notwithstanding any
<br />other provision of law regarding the form or content of ■
<br />notice 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 Motor vehicles
<br />3. Personal property purchased at retail
<br />e. Personal property purchased in casual sale
<br />S. Personal property subjected to possessory lien
<br />B. Real property tax and special assessment (lens
<br />7 Residential property subject to a mechanic's
<br />lien for certain repairs and improvements
<br />9 Attorney's bens
<br />9 Certain insurance contracts
<br />+0 Passbcoxfaans
<br />(g) Refilling Of Notice. — For purposes of this
<br />section
<br />!b General Rule.— Unless notice of lien is refired in
<br />the manner prescribed in paragraph r2) during the required
<br />rehhng period, such nouce of hen snail be treated as filed on the
<br />date on which it is flied can accordance with subsection (f)) after
<br />the expiration of such retiring period
<br />r Place For Filing. — A nonce o! iien refried
<br />danrg ins reQu ed refding oer,oa snarl oe effective only -
<br />a
<br />1, sacra nonce of bsn,e refried in the ofticenr'wP0 the
<br />prior notice of iien was filed and
<br />ii in me case of real property, the fact ni oiling K
<br />entered and recorded in an index to the extent egwred by
<br />see psecti on !rr xl. ants
<br />S. ,n env case more or -or tome date
<br />0! a :ate; mp e! notice of lien under subparagraph IAI. the
<br />a
<br />0
<br />Secretary received wrntan Information (In the manner
<br />prescribed In regulations issued by the Secretary)
<br />concerning a change In Ihe taxoarirs residents, If a notice
<br />of such lien Is also filed In accordance with subsection (1) In
<br />the Sob In which such residence Is located.
<br />(a Required Refling Period. — In the caw
<br />of any notice of Ilan, the term "required rsfifing period" means
<br />(A) the one -yaor period ending 3D days alter the expiration
<br />Of S years after the date of the ssseesmant of the tax, and
<br />(9) the one -year period ending with the expiration off years
<br />after the close of the preceding required rdUlnf period for
<br />such notice of link. -
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Release Of Lien. — Subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />Issue a certificate of release of any lien Imposed with respect to
<br />any Internal revenue tax not later than 30 days after the day on
<br />which -
<br />(1) Liability Satisfied or Unenforceable - The Secretary
<br />finds that the liability for the amount assessed, together with all
<br />Interest In respect thereof, his been fully satisfied or has
<br />become legally unenforceable; at
<br />(2) Bond Accepted -There Is furnished to the Secretary and
<br />accepted by Ill In a bond that is conditioned upon the payment of
<br />the amount assessed, together with all Interest in respect
<br />thereof, within the time prescribed by law (Including any
<br />extension of such time), and that Is 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) Disclosure of Certain Returns and
<br />Return Information For Tex Administration
<br />Purposes. —
<br />12) Disclosure of amount of outstanding hen. - If a notice of
<br />lien has been tied pursuant To section 6313(f), the amount of the
<br />outstanding obi,ganun set�i,- ".:� - ,�:r:�e, ii dy be disclosed to
<br />any person wiie furmshes sz65!aefcry written evidence that he
<br />has aright in the properly subject to such lien or intends to
<br />obtain a nghhn such properly
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