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<br />Excerpts Fran Internal Rewnw Code
<br />Sec. 6321. Lien For Taxes.
<br />"any parson liable to pay any tax eeglects or refusu to
<br />pay the some enter demand. the amount (including any Inter -
<br />eat additional amount addftion to tax, or assessable penalty.
<br />town With any cosh Met may accrue In woltian INTO
<br />Ntatl be a lien In fever of the United states upon all property
<br />rid rights to property. whether real or personal, belonging
<br />to such parson.
<br />Sec. 6322. Period Of Lien.
<br />Unless another date Is specifically fixed by law, the lien
<br />Imposed by section 6321 shelf arise at the time the assessment
<br />Is made and shall continue wail the liability for the amount so
<br />seseaeed (or a judgment against the taxpayer arising out of
<br />such liability) Is satisfied or becomes unenforceable by reason
<br />of tam of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchawes, Holden Of Security In-
<br />tsrwbe Mechanic's Llenorsr And Judgment
<br />Llein Ciiedlim — The lien Imposed by section 6321 shall
<br />not be valid as against any purchaser, holder of a security
<br />Interest mechanic's liendr, or judgment lion creditor until notice
<br />thereof which moats the requirements of subsection if) has
<br />been filed by the Secretary.
<br />m Place For Filling Notice; Form. —
<br />(1) Place For Filing - The notice referred to In sub.
<br />eection (a) shall be tiled -
<br />(A) Under State Laws
<br />(1) 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 />(11) Personal Property - In the case of personal
<br />property, whether tangible or Intangible, in one oflice
<br />within the State (or the county. or other governmental
<br />subdivision), as designated by the laws of such State,
<br />in which the property subject to the lien is situated:
<br />or
<br />1e) With Clerk 01 District Court - in the office of the clerk of
<br />the United States district court for the judicial district In which
<br />the property subject to lien Is situated, whenever the State has
<br />not by law designated one office which meets the regw rcr;ients of
<br />subparagraph (A), or
<br />(C) With Recorder 01 Deeds Of The District Of Columba - In
<br />the office of the Recorder of Deeds of the District of Columbia. It
<br />the property subject to the lien is situated n the D,st ,:I of
<br />Columbia.
<br />Entarreid n Doculm(ent No.
<br />87-- ' I ` I 7
<br />Grantor- ...L,a......
<br />Grantee —&..."..
<br />Numerical
<br />0
<br />187 7 'iii 10 11
<br />(2) effort Of Property Subject To Lien - For purposes of
<br />paragraphs (1) and (e), property shall be deemed to be situated -
<br />(A) Real Property - In the cue of real property. at Its
<br />physical location; or
<br />(8) Personal Property - In the use 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) (8), the residence of a corporation
<br />or partnership shall be deemed to be the place of which the
<br />principal executive office of the business Is located, end the
<br />residence of a taxpayer whose residence is without the United
<br />States shall be dumed to be in the District of Columbia.
<br />(3) Form - The form and content of the notice
<br />referred to In subsection (a) shall be prescribed by the
<br />Secretary. Such notice shall be valid notwithstanding any
<br />at 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 6321 is filed with respect
<br />to:
<br />1. Securities
<br />2. Motor vehicles
<br />3. Personal property purchased st retail
<br />e. Personal property purchased In casual sale
<br />5. Personal property subjected to possessory lien
<br />6. teal property tax and special assessment liens
<br />7. Residential property subject to a mechanic's
<br />hen for certain repairs and improvements
<br />6. Attorney's (lens
<br />,, Certain insurance contracts
<br />10 Passbook loans
<br />erg) Rattling Of Notice. — For purposes or this
<br />section -
<br />(1) General Rule. — unless notice of lien Is rallied In
<br />the manner prescribed in paragraph (2) during the required
<br />refihng period, such notice of lien shall be treated asliled on the
<br />data on which it is filed (in accordance With subsection if)) after
<br />the expiration of such nettling period.
<br />(2) Place For Filing. — A notice of lien refiled
<br />during t, ",e required refiling period shall be effective only -
<br />IA) f
<br />(i) such notice of lien is refiled in the office in which the
<br />prior notice of lien was filed. and
<br />Ilse in the case of real property, the fact of -ehimg is
<br />entered and recorded in an index 10 the extent legwred by
<br />subsection (1) la). and
<br />(B) In any case in which. 91, gays or more prior to the date
<br />of a rehling of notice of :ien under subparagraph (A). the
<br />F
<br />=
<br />Secretary received written Information (1n the moment
<br />prescribed In regulatlone Issued by the Secretary)
<br />concerning a change In the taxpalloes residence. If a notice
<br />of such Ilan leafs* filed In accordance with subsection (n In
<br />the State In which such residence, M located.
<br />(3) Required Raffling Period. — In the case
<br />of any notice of Ilan, the term "required refiling period" means -
<br />(A) the one -yur period ending 3D days attar the expiration
<br />of 6 years after the date of the assessment at the tax. and
<br />(8) the ano-year part ad ending with the expiration of6years
<br />after the close of the preceding required raffling period for
<br />such notice oNlen. .
<br />Sec. 6325. Reiersc Of Lien Or
<br />Discharge Of Property.
<br />(a) Release Of UN. — subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />issue a certificate of release of any Ilan 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, has been Tully 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 thereon, as may be specified by such regulations.
<br />Sec. 6103. Confidentiality and Dis-
<br />closure of Returns and Return In-
<br />formation.
<br />fit) Disclosure of Certain Returns end
<br />Return Information For Tax Administration
<br />Purposes. —
<br />(2) Disclosure of amount of outstanding lien. • If a notice of
<br />lion has been filed pursuant to section 6323(7), the amount of the
<br />outstanding obligation secured by such lien may be disclosed to
<br />any person who furnishes satisfactory written evidence that he
<br />has a rpht in the property subject to such lien or Intends to
<br />clam a right ir each property
<br />a
<br />R
<br />11
<br />P`j
<br />O
<br />tl'
<br />O
<br />r
<br />X
<br />•
<br />99
<br />T
<br />�
<br />Excerpts Fran Internal Rewnw Code
<br />Sec. 6321. Lien For Taxes.
<br />"any parson liable to pay any tax eeglects or refusu to
<br />pay the some enter demand. the amount (including any Inter -
<br />eat additional amount addftion to tax, or assessable penalty.
<br />town With any cosh Met may accrue In woltian INTO
<br />Ntatl be a lien In fever of the United states upon all property
<br />rid rights to property. whether real or personal, belonging
<br />to such parson.
<br />Sec. 6322. Period Of Lien.
<br />Unless another date Is specifically fixed by law, the lien
<br />Imposed by section 6321 shelf arise at the time the assessment
<br />Is made and shall continue wail the liability for the amount so
<br />seseaeed (or a judgment against the taxpayer arising out of
<br />such liability) Is satisfied or becomes unenforceable by reason
<br />of tam of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchawes, Holden Of Security In-
<br />tsrwbe Mechanic's Llenorsr And Judgment
<br />Llein Ciiedlim — The lien Imposed by section 6321 shall
<br />not be valid as against any purchaser, holder of a security
<br />Interest mechanic's liendr, or judgment lion creditor until notice
<br />thereof which moats the requirements of subsection if) has
<br />been filed by the Secretary.
<br />m Place For Filling Notice; Form. —
<br />(1) Place For Filing - The notice referred to In sub.
<br />eection (a) shall be tiled -
<br />(A) Under State Laws
<br />(1) 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 />(11) Personal Property - In the case of personal
<br />property, whether tangible or Intangible, in one oflice
<br />within the State (or the county. or other governmental
<br />subdivision), as designated by the laws of such State,
<br />in which the property subject to the lien is situated:
<br />or
<br />1e) With Clerk 01 District Court - in the office of the clerk of
<br />the United States district court for the judicial district In which
<br />the property subject to lien Is situated, whenever the State has
<br />not by law designated one office which meets the regw rcr;ients of
<br />subparagraph (A), or
<br />(C) With Recorder 01 Deeds Of The District Of Columba - In
<br />the office of the Recorder of Deeds of the District of Columbia. It
<br />the property subject to the lien is situated n the D,st ,:I of
<br />Columbia.
<br />Entarreid n Doculm(ent No.
<br />87-- ' I ` I 7
<br />Grantor- ...L,a......
<br />Grantee —&..."..
<br />Numerical
<br />0
<br />187 7 'iii 10 11
<br />(2) effort Of Property Subject To Lien - For purposes of
<br />paragraphs (1) and (e), property shall be deemed to be situated -
<br />(A) Real Property - In the cue of real property. at Its
<br />physical location; or
<br />(8) Personal Property - In the use 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) (8), the residence of a corporation
<br />or partnership shall be deemed to be the place of which the
<br />principal executive office of the business Is located, end the
<br />residence of a taxpayer whose residence is without the United
<br />States shall be dumed to be in the District of Columbia.
<br />(3) Form - The form and content of the notice
<br />referred to In subsection (a) shall be prescribed by the
<br />Secretary. Such notice shall be valid notwithstanding any
<br />at 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 6321 is filed with respect
<br />to:
<br />1. Securities
<br />2. Motor vehicles
<br />3. Personal property purchased st retail
<br />e. Personal property purchased In casual sale
<br />5. Personal property subjected to possessory lien
<br />6. teal property tax and special assessment liens
<br />7. Residential property subject to a mechanic's
<br />hen for certain repairs and improvements
<br />6. Attorney's (lens
<br />,, Certain insurance contracts
<br />10 Passbook loans
<br />erg) Rattling Of Notice. — For purposes or this
<br />section -
<br />(1) General Rule. — unless notice of lien Is rallied In
<br />the manner prescribed in paragraph (2) during the required
<br />refihng period, such notice of lien shall be treated asliled on the
<br />data on which it is filed (in accordance With subsection if)) after
<br />the expiration of such nettling period.
<br />(2) Place For Filing. — A notice of lien refiled
<br />during t, ",e required refiling period shall be effective only -
<br />IA) f
<br />(i) such notice of lien is refiled in the office in which the
<br />prior notice of lien was filed. and
<br />Ilse in the case of real property, the fact of -ehimg is
<br />entered and recorded in an index 10 the extent legwred by
<br />subsection (1) la). and
<br />(B) In any case in which. 91, gays or more prior to the date
<br />of a rehling of notice of :ien under subparagraph (A). the
<br />F
<br />=
<br />Secretary received written Information (1n the moment
<br />prescribed In regulatlone Issued by the Secretary)
<br />concerning a change In the taxpalloes residence. If a notice
<br />of such Ilan leafs* filed In accordance with subsection (n In
<br />the State In which such residence, M located.
<br />(3) Required Raffling Period. — In the case
<br />of any notice of Ilan, the term "required refiling period" means -
<br />(A) the one -yur period ending 3D days attar the expiration
<br />of 6 years after the date of the assessment at the tax. and
<br />(8) the ano-year part ad ending with the expiration of6years
<br />after the close of the preceding required raffling period for
<br />such notice oNlen. .
<br />Sec. 6325. Reiersc Of Lien Or
<br />Discharge Of Property.
<br />(a) Release Of UN. — subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />issue a certificate of release of any Ilan 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, has been Tully 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 thereon, as may be specified by such regulations.
<br />Sec. 6103. Confidentiality and Dis-
<br />closure of Returns and Return In-
<br />formation.
<br />fit) Disclosure of Certain Returns end
<br />Return Information For Tax Administration
<br />Purposes. —
<br />(2) Disclosure of amount of outstanding lien. • If a notice of
<br />lion has been filed pursuant to section 6323(7), the amount of the
<br />outstanding obligation secured by such lien may be disclosed to
<br />any person who furnishes satisfactory written evidence that he
<br />has a rpht in the property subject to such lien or Intends to
<br />clam a right ir each property
<br />a
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<br />P`j
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