|
3
<br />0
<br />Excerpts From Internal Revenue Code
<br />Sec. 6321. Lien For Taxes.
<br />If any person liable to pay any tax neglects or refuses to
<br />Day On Same offer demand, the amount (Including any inter.
<br />est oddltfoul amount, addition to tar. fir :asseable penalty,
<br />tepees trlM amt txiata gist may kM# In addition thereto)
<br />shell be a Ilan M favor of the urdfed states upon all property
<br />and tights to Pro", whether real or personal, belonging
<br />to with parson.
<br />Sec. 6322. Period Of Lien.
<br />UMW another dab Is a sWicalty fixed by law. the Itan
<br />Impsee by Station 6321 shall &ties At the time the assessment
<br />fe man And 'hill continue until the liability for the amount so
<br />novae (or a judgment against the taxpayer arising out of
<br />such 119111 ty) is setisfled Or becomes unenforceable by reason
<br />of lapse of time.
<br />Sec. 6323, Validity and Priority Against
<br />Certain Persons.
<br />(a) Purdlimes, Holders of Security in"
<br />terab, Mefdunic's Lienors, And Judgment
<br />Lien Creditors. — The Ilen imposed by section 8321 shall
<br />not be valid As against any purchaser, holder of a security
<br />Intel mechanic'I lienor, or judgment ]tell creditor until notice
<br />thereof which meet& the requirements of subsection (n has
<br />been file by the Secretary.
<br />(Q Plea For Filing Notice; Form. —
<br />(1) Place For Filing - The notice referred to in sub-
<br />section (a) shall be filed -
<br />(A) Under State Laws
<br />b) Real Property - In the case of real property, in one
<br />office within the State (or the county, or other governmental
<br />subdivision), as designated by the laws of such State, In
<br />which the property subject to the lien is Situated; and
<br />(iq Pe19e181 Property - In the case of personal
<br />Property. whether tangible or intangible, In one office
<br />within the State (or the county. or other governments;
<br />eubdivisionl, as designated by the laws of such State
<br />in which the property subject 'o In_ e1 s siluat¢c
<br />or
<br />(8) With Clerk Of District Court - n the office rut the clerk Of
<br />the tinned States Gal, n court for the ivaicidi dielr ct r, sonic^
<br />the property subject 1p hen is Situate.^. w "-h¢v2! ins Stale �uS
<br />not by law detonated one ofhcewo-ch metre
<br />subparagraph Al. of
<br />!c) With Recorder of Deeds Of !fie Blair of of -:o�e
<br />it, Omer of the Recorder of Deeds or the Distract O; Cd. "M:�ia, r me property Sualecl to the seen a Muted .n ..,, _
<br />Columbia.
<br />T
<br />A
<br />_o
<br />A
<br />�N
<br />X
<br />r
<br />e�
<br />Eniereef &s f)ocurnenf &Jet.
<br />87— Grattior
<br />Granlee�- ------
<br />Sipp
<br />'67 ti'ri P, ! 11 I Z?
<br />12) Situs Of Property Subject To Lien - For purposes of
<br />paragraphs (1) and (4), property snall be Seemed to be situated -
<br />(A) Real Property - In the cue of roll property, at Its
<br />pit",", location: or
<br />(e) Personal Property . In the case of personal properly,
<br />whether tangible or Intangible, At the residence of the
<br />taxpayer at the time the notice of Ilan Is filed,
<br />For purposes of paragraph (2) (p, the residnce of a corporation
<br />or Partnership shall be dwmed to be the place at which the
<br />principal executive oface of the business Is locate, and the
<br />nsidea Of a taxpayer whose residence Is without the United
<br />States Mall be claimed to be In the District of Columbia.
<br />(3) Form - The tam and content of the notice
<br />referred to In subsection (a) shall be prescribed by the
<br />Secretary. Such notice shag be valid notwithstanding any
<br />other provision of law regarding the form or content of a
<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 11321 is trod with respect
<br />to:
<br />I. Securities
<br />2. Motor vehicles
<br />3. Personal property purchased at retail
<br />a. Personal property purchased in casual sale
<br />5. Personal property subjected to possessory (ion
<br />8. Real property tax and special assessment liens
<br />7 Residential properly subject to a mechanic's
<br />lien for certain repairs and improvements
<br />8. Attorney's Ilene
<br />9. Certain Insurance contracts
<br />10. Passbookloans
<br />(m Refiling Of Notice. — For purposes of this
<br />section -
<br />(I) General Rule. — Unless notice of hen is rallied In
<br />the manner prescribed in paragraph (2) during the required
<br />refiling period. such nonce of hen shall be treated as filed on the
<br />date On which it Is filed i:n accordance with subsection (f)t after
<br />the expiration of such renting period.
<br />2) Place For Filing. — A nooce of lien refried
<br />ing the "o-eo refil,ng' p:•iod Shad be er!acti;a only
<br />y 1 sacra nonce of lien is rehled in the office m wruch the
<br />error notice of hen was filed and
<br />lid in the case of real property. the fact df -¢filing is
<br />entered are recordedr. ,._, m me v��'l ,=cams& by
<br />us2Ct�i
<br />any :ass 'w nice. 90 p'^ 'i'ie date
<br />otfa refdmg of hotica Or hen a mod:* suovar cep aUr tAl. the
<br />a
<br />M
<br />aR
<br />Secretary receive written Information (in the manner,
<br />Prescribed In regulations Issued by the Secretary)
<br />cOnceming A change fn IM taxpayers residence, If a notice
<br />Of such Ilan Is also filed In accordance with subsection (Q In
<br />the State In which such residence Is located.
<br />(3) Required ReNgng Puked. — In the can
<br />Of any notice of turn, the form "required raffling period" means -
<br />(A) the oryl period ending X days after the expiration
<br />of 0, years after the data of the assessment of the tax, and
<br />(B) the one -year Wad ending with the expiration off years
<br />after the close of the preceding require reflling period for
<br />such notice of turn. , -. -
<br />Sec. 6325 , Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Release of Uen. — Subject to such
<br />regulations as the Secretary may prescribe, the Secretary shelf
<br />Issue a certificate of refeass of any lien Imposed with resgsct to
<br />any internal revenue tax not later than 3D 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, has been fully satisfied or has
<br />become legally unenforceable: or
<br />(2) Bond Accepted- There is furnished to the Secretary and
<br />accepted by him 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 maroon, as may be specified by such regulations.
<br />Sec. 6103. Confidentiality and Dis-
<br />closure of Returns and Return In-
<br />formation.
<br />(k) oisOosure of Certain Returns and
<br />Return Information For Tax Administration
<br />Purposes. —
<br />(2) Disclosure of amount of outstanding hen. -If a notice of
<br />Imes has been I led Pu,S l?rt fed Sechcn 5323,11, the amount of the
<br />;etsfa.'- yr0 -ga!- :,ec..:2d oy s.,cz i,ec ray be d,scosed to
<br />any person who furmsnes 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 />J
<br />
|