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 />
|