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Ml <br />CJ <br />M <br />Excerpts From Internal Revenue Code <br />Sec. 6321. Lien For Taxes. <br />If my parson liable to pay any tax neglects or refuses to <br />pay the same after demand, the amount (Including any Inm- <br />eat. addltbnal amount, addition to tax, or aseesubte penally, <br />tegaem with airy gab flies may accrue In addition thereto) <br />OW be a INn In fever of the United States upon all property <br />and ryhb to preparly, whether rat or personal, belonging <br />b such peraa. <br />Sec. 6322. Period. Of Lien. <br />UMses anostw data It Mailically fixed by law, the hen <br />inyaed by section 6321 flffell sales al the time the assessment <br />N mad and shall continue until the liability for IM amount $o <br />assessed (or a judgment against the taxpayer arising out of <br />such liability) N satisfied or becomes unenforceable by reason <br />of Wes at time. <br />Sec. 6323. Validity and Priority Against <br />Certain Persons. <br />(a) Ptrchaws, NOMM Of Security In- <br />-A Modbari LNnors, And Judgment <br />LM Cirefill . — The 9th imposed by section W21 shall <br />hot be valid u against any purchaser. holder of a security <br />littlest mechanic's 1xi ar, or judgment lien creditor until notice <br />thereof which mate the requirements of subsection in her <br />been fend by the Secretary <br />(n Plan For Filing Notice; Form. — <br />(1) Plus For Filing - The notice referred to in sub. <br />action (a) shall a filed - <br />(A) under State Laws <br />(1) Real Property - In the case of real property. in one <br />office within the State for the county. or other governmental <br />wbdivisNp)..as designated by the laws of such State. In <br />which hub property subject to the lien's silUaled. and <br />(ft) Personal Property - In the case of personal <br />property, whether tangible or Intangible. ;n one office <br />within the State (or the county, or other governmental <br />subdivision). as designated by the laws of such Slate. <br />in which the property subject to the hen is situated. <br />or <br />(s) With Clerk of District Court - In the orSCe of the clerk cf <br />the United States district court for the judicial district �n wmc^ <br />the property subject to lien is situated. whenever the State has <br />net bylaw designated one office which meets the ree o; _, antso! <br />subparagraph (A), or <br />(CI With Recorder 01 Deeds 01 The District 01 Col:,mea - In <br />Me official the Recorder of Deed$ at the District of Cowmma, d <br />Me properly subject to the hen is snualed !n in, of <br />Columbia. <br />Enlerod al; r)ncumsnf Pic, <br />rilll:hi,ta �'�- <br />0 <br />87 JUL Z7 irii`1 10 10 <br />(2) Situs of Property Subject To Llen - For purpom of <br />paragraphs (1) and (e), property shall be dwmsd to be situated - <br />(A) Mal Properly - In the caw of real property, at Its <br />physical location; or <br />(B) Personal Property - In the caw of personal property, <br />whether tangible or Intangible, At the residence of the <br />taxpayer at the time the notice of lien Is filed. <br />For purposes of paragraph (2) (s), the residence of a corporation <br />or partnership shall be deemed to be the place at which iM <br />principal executive oftlaa of the business Is located, and the <br />resdence at a taxpayer whoa reeldmee Is without the United <br />States Mail be deemed to be in the District of Columbia. <br />(3) Form - The form and content of the notice <br />retemd to in sawctton is) shall be prescribed by the Secretary. Such:nwlce dlrg shelf be valid notwhhNea say <br />other provision of law regarding the form or content at 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 6321 is filed with respect <br />to: <br />t Secunties <br />2. Motor vehicles <br />3. Personal property purchased a1 retail <br />e Personal properly purchased in casual sale <br />5. Personal property subjected to possessory lien <br />6. Mal property to and special ssesssment liens <br />7 Residential property subject to a mechanic's <br />lien for certain repairs and improvements <br />6 Attorneys liens <br />9 Certain insurance contracts <br />10 Passbookloans <br />(g) Rattling Of Notice. — For purposes of this <br />section - <br />o) General Rule, — Unless notice of lien Is retifed in <br />the manner prescribed in paragraph (2) during the required <br />railing period. such notice of rep shall be treated as filed on the <br />date on wheh t "!dad in accordance with subseclion (111 after <br />me expiration of Such failing period <br />(2) Place For Filing. — A notice of lien reliled <br />durng the rebutted letting period shad be efleCtrie only <br />p. <br />such nnhce a! Len rs rehled m the office .n wmcn. the <br />or notice of I-en was hied. and <br />(,o in the Case of real property the feel ul 1ef ling ,! <br />enlered and recorded m an �Ider lu the este,' 1r;u.red by <br />s u bSeClron If) lei, and <br />(81 'n any case 'n which. 90 day, or more p-, ro the date <br />of a tefdlhg of notice d1 Ifen under subparagraph (A). me <br />t� <br />f <br />if <br />O- <br />Secretary received written' information tin the manner <br />prescribed In regulations Issued by the Secretary) <br />concerning a change In the taxpayer's Intelligence, If a notice <br />of such lion Is alto lifed M accordance with subwctlon (1) In <br />the State in which such resdmce Is located. <br />(3) Required Ref" Pprlod. — In the ease <br />of any notice of INn, the twin "required falling period" mans- <br />(A) the ode -year period ending 30 days after the expiration <br />of 6 years after the data of the assessment of The ter, and <br />(B) the one- yisrododending with the expiration offlyears <br />after the close of the preceding requlrid hailing period for <br />such notice 011110. <br />Sec. 6325. 'Release Of Lien Or <br />Discharge Of Property. <br />(a) Release Of Uea. — subject to such <br />regulations as the Secretary may prescribe, the Secretary shelf <br />Issue a certificate of raises@ of arty lion 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 />tInds 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 lo 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 />Moral on 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 Tax Administration <br />Purposes. — <br />(2) Disclosure of amount Of calstdndmg lien If a nol�ce o! <br />hen has been pled pursuant to :rctror 632301. Ifs amount of me <br />outsdrd'ng ub'ugahon seta, ::L dy .!'. Oer'. r. 1i Ca c.sclose0 to <br />any person who furroshes sahsfacic y written evidence that he <br />has a r'gnl '^ the properly S,ble C! to suc^ i.- _' 'mends to <br />obla�n a r'Chln such properly <br />a <br />J <br />�I <br />_.I <br />0 <br />!9 <br />_ <br />m <br />T <br />aa <br />t <br />f1Z, <br />Excerpts From Internal Revenue Code <br />Sec. 6321. Lien For Taxes. <br />If my parson liable to pay any tax neglects or refuses to <br />pay the same after demand, the amount (Including any Inm- <br />eat. addltbnal amount, addition to tax, or aseesubte penally, <br />tegaem with airy gab flies may accrue In addition thereto) <br />OW be a INn In fever of the United States upon all property <br />and ryhb to preparly, whether rat or personal, belonging <br />b such peraa. <br />Sec. 6322. Period. Of Lien. <br />UMses anostw data It Mailically fixed by law, the hen <br />inyaed by section 6321 flffell sales al the time the assessment <br />N mad and shall continue until the liability for IM amount $o <br />assessed (or a judgment against the taxpayer arising out of <br />such liability) N satisfied or becomes unenforceable by reason <br />of Wes at time. <br />Sec. 6323. Validity and Priority Against <br />Certain Persons. <br />(a) Ptrchaws, NOMM Of Security In- <br />-A Modbari LNnors, And Judgment <br />LM Cirefill . — The 9th imposed by section W21 shall <br />hot be valid u against any purchaser. holder of a security <br />littlest mechanic's 1xi ar, or judgment lien creditor until notice <br />thereof which mate the requirements of subsection in her <br />been fend by the Secretary <br />(n Plan For Filing Notice; Form. — <br />(1) Plus For Filing - The notice referred to in sub. <br />action (a) shall a filed - <br />(A) under State Laws <br />(1) Real Property - In the case of real property. in one <br />office within the State for the county. or other governmental <br />wbdivisNp)..as designated by the laws of such State. In <br />which hub property subject to the lien's silUaled. and <br />(ft) Personal Property - In the case of personal <br />property, whether tangible or Intangible. ;n one office <br />within the State (or the county, or other governmental <br />subdivision). as designated by the laws of such Slate. <br />in which the property subject to the hen is situated. <br />or <br />(s) With Clerk of District Court - In the orSCe of the clerk cf <br />the United States district court for the judicial district �n wmc^ <br />the property subject to lien is situated. whenever the State has <br />net bylaw designated one office which meets the ree o; _, antso! <br />subparagraph (A), or <br />(CI With Recorder 01 Deeds 01 The District 01 Col:,mea - In <br />Me official the Recorder of Deed$ at the District of Cowmma, d <br />Me properly subject to the hen is snualed !n in, of <br />Columbia. <br />Enlerod al; r)ncumsnf Pic, <br />rilll:hi,ta �'�- <br />0 <br />87 JUL Z7 irii`1 10 10 <br />(2) Situs of Property Subject To Llen - For purpom of <br />paragraphs (1) and (e), property shall be dwmsd to be situated - <br />(A) Mal Properly - In the caw of real property, at Its <br />physical location; or <br />(B) Personal Property - In the caw of personal property, <br />whether tangible or Intangible, At the residence of the <br />taxpayer at the time the notice of lien Is filed. <br />For purposes of paragraph (2) (s), the residence of a corporation <br />or partnership shall be deemed to be the place at which iM <br />principal executive oftlaa of the business Is located, and the <br />resdence at a taxpayer whoa reeldmee Is without the United <br />States Mail be deemed to be in the District of Columbia. <br />(3) Form - The form and content of the notice <br />retemd to in sawctton is) shall be prescribed by the Secretary. Such:nwlce dlrg shelf be valid notwhhNea say <br />other provision of law regarding the form or content at 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 6321 is filed with respect <br />to: <br />t Secunties <br />2. Motor vehicles <br />3. Personal property purchased a1 retail <br />e Personal properly purchased in casual sale <br />5. Personal property subjected to possessory lien <br />6. Mal property to and special ssesssment liens <br />7 Residential property subject to a mechanic's <br />lien for certain repairs and improvements <br />6 Attorneys liens <br />9 Certain insurance contracts <br />10 Passbookloans <br />(g) Rattling Of Notice. — For purposes of this <br />section - <br />o) General Rule, — Unless notice of lien Is retifed in <br />the manner prescribed in paragraph (2) during the required <br />railing period. such notice of rep shall be treated as filed on the <br />date on wheh t "!dad in accordance with subseclion (111 after <br />me expiration of Such failing period <br />(2) Place For Filing. — A notice of lien reliled <br />durng the rebutted letting period shad be efleCtrie only <br />p. <br />such nnhce a! Len rs rehled m the office .n wmcn. the <br />or notice of I-en was hied. and <br />(,o in the Case of real property the feel ul 1ef ling ,! <br />enlered and recorded m an �Ider lu the este,' 1r;u.red by <br />s u bSeClron If) lei, and <br />(81 'n any case 'n which. 90 day, or more p-, ro the date <br />of a tefdlhg of notice d1 Ifen under subparagraph (A). me <br />t� <br />f <br />if <br />O- <br />Secretary received written' information tin the manner <br />prescribed In regulations Issued by the Secretary) <br />concerning a change In the taxpayer's Intelligence, If a notice <br />of such lion Is alto lifed M accordance with subwctlon (1) In <br />the State in which such resdmce Is located. <br />(3) Required Ref" Pprlod. — In the ease <br />of any notice of INn, the twin "required falling period" mans- <br />(A) the ode -year period ending 30 days after the expiration <br />of 6 years after the data of the assessment of The ter, and <br />(B) the one- yisrododending with the expiration offlyears <br />after the close of the preceding requlrid hailing period for <br />such notice 011110. <br />Sec. 6325. 'Release Of Lien Or <br />Discharge Of Property. <br />(a) Release Of Uea. — subject to such <br />regulations as the Secretary may prescribe, the Secretary shelf <br />Issue a certificate of raises@ of arty lion 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 />tInds 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 lo 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 />Moral on 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 Tax Administration <br />Purposes. — <br />(2) Disclosure of amount Of calstdndmg lien If a nol�ce o! <br />hen has been pled pursuant to :rctror 632301. Ifs amount of me <br />outsdrd'ng ub'ugahon seta, ::L dy .!'. Oer'. r. 1i Ca c.sclose0 to <br />any person who furroshes sahsfacic y written evidence that he <br />has a r'gnl '^ the properly S,ble C! to suc^ i.- _' 'mends to <br />obla�n a r'Chln such properly <br />a <br />J <br />�I <br />_.I <br />