1
<br />a
<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 />pay the acme after demand, the amount (including any Ill
<br />alt, additional amount, addition to tax, or assessable penalty,
<br />WpettW with arty coats that may accrue In addition thereto)
<br />shall be a lien In favor of the United States upon all property
<br />and rights to properly, the root or personal, belonging
<br />to such person.
<br />Sec. 6322. Period Of Lien.
<br />Unless another data Is specifically fixed by law, the Ilen
<br />M"M by section 6321 shall aria at the time the assessment
<br />Is tirade and shell continue until the liability for the amount so
<br />aeeeaaed (or a judgment against the taxpayer arising out of
<br />such liability) Is sansfled or becomes unenforceable by reason
<br />of lapis of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchaet's, Holden Of Security In-
<br />Nre* Mechailes Llenors, And Judgment
<br />(.tell Credibrs. — The lien Imposed by section 6321 shall
<br />not be valid as against any purchaser, holder of a security
<br />interest, mechanic'. Meyer, or judgment lien creditor until notice
<br />ftrool which meets the requirements of subsection (t) has
<br />been filed by the Secretary .
<br />m Piece for Fi ing Notice; Form. —
<br />(1) Place For Filing . The notice referred to in sub -
<br />eadtion (A) shelf be filed -
<br />(AI Under State laws
<br />(i) 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 />(it) Personal Property - In the case of personal
<br />Property. whether tangible or intangible, in one office
<br />within the State lot the County, or other governmental
<br />subdivision), as designated by the laws of such State,
<br />in which the property subject to the hen is situated.
<br />or
<br />(8) With Clerk Of District Court - In the office of the clerk of
<br />the United Slates district court for the judicial dlstricl in which
<br />UM property subject to lien is situated, whenever the State has
<br />not by law designated oneoffice which meets the rerun meats of
<br />subparagraph (A). or
<br />(C) With Recorder 01 Deeds Of The District Of Colmnbta - In
<br />the office of the Recorder of Deeds of the District of Commb,a d
<br />the property subject to the hen sri,meo of
<br />Columbia.
<br />(2) Situs Of Property Subject To Lien - For purposes of
<br />paragraphs (1) and (4), property shall be deemed to be situated
<br />(At Real Property - In the tale of real property, al Its
<br />physical location; or
<br />(e) Personal Property - In the cote of personal property,
<br />whether tangible or intangible, et the residence of this
<br />taxpayer et the time the notice at Ilen Is filed.
<br />For purposes of paragraph (2) (e). tM residence of a corporation
<br />or partnership shall be doomed to be the place at which the
<br />principal executive office of the business Is located, and the
<br />residence of a taxpayer whose residence is without the United
<br />States shall be doomed 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 />other provision of law regarding the form or content of a
<br />notice of Ilen.
<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 />4. Personal property purchased In casual sale
<br />5. Personal property subjected to possessory lien
<br />6. Heal property tax and special assessment liens
<br />7. Residential property subject to a mechanic's
<br />Ilan for certain repairs and Improvements
<br />e. Attorney's liens
<br />g. Certain insurance contracts
<br />10. Passbookloans
<br />(a) Reflling Of Notice. — For purposes of this
<br />section
<br />(t) General Rule.— unless notice of lien is rallied In
<br />the manner prescribed in paragraph (2) during the required
<br />refiling period, such notice of hart shall be treated as filed on the
<br />date on which It is filed (in accordance with subsection (11) after
<br />the expiration at such telling period
<br />(2) Place For Filing. — A notice of lien reliled
<br />during the required reliling period shall be effective only -
<br />(A) d-
<br />(i) such notice of lien is refiled in the office nn which the
<br />prior notice of lien was filed, and
<br />lip in the case of real properly, the fact of rehhng is
<br />entered and recorded in an index to the extent requued by
<br />subsection (1) (4), and
<br />IBI in any case in which, DD days or more prior to the date
<br />of a refiling at notice of lien under subparagraph (A). the
<br />a
<br />L�.
<br />Secretary received written Information fill the manner
<br />prescribed in regulations Issued by the Secretary)
<br />concemifg a change In this taxpayl is residence, If a notice
<br />01 such Ilan Is also filed In accordance with subsection (e In
<br />the State in which ouch residence Is tooted.
<br />(3) Required ReRifng Period. — In the case
<br />of any notice of Ilan, the term "required refiling period" means
<br />(A) the one -year period ending 30 days otter the expiration
<br />of 6 years after the date of the assessment of the tax, and
<br />(8) the one-year Wait ending with the expiration of 6 years
<br />aner file close of the preceding required refiling period for
<br />such notice of lien.
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Reluw Of Lien. — subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />Issue a certificate of release at 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, has been fully satisfied or has
<br />become legally unenforceable; or
<br />(2) Bond Accepted -There is furnished lathe Secretary and
<br />accepted by him a bond that is conditioned upon the payment or
<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 Relurns and
<br />Return Information For Tax Administration
<br />Purposes. —
<br />(2) Disclosure of amount of outstanding lien - If a notice of
<br />hen has been hied pursuant to section 63231fi. the amount of the
<br />outstanding obligation sec.ned by such lien may be disclosed to
<br />any person who fwnishes satisfactory written evidence that he
<br />has a right in the property subject to such ; en of niends to
<br />obtain a right in such properly
<br />I
<br />K
<br />91{�'
<br />lit
<br />r.
<br />Entered
<br />alt Document Nor.
<br />87---
<br />Grantee
<br />Numerical A)1—
<br />a
<br />87 I!!!I. Z 1 '1 10
<br />v
<br />9
<br />tB
<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 />pay the acme after demand, the amount (including any Ill
<br />alt, additional amount, addition to tax, or assessable penalty,
<br />WpettW with arty coats that may accrue In addition thereto)
<br />shall be a lien In favor of the United States upon all property
<br />and rights to properly, the root or personal, belonging
<br />to such person.
<br />Sec. 6322. Period Of Lien.
<br />Unless another data Is specifically fixed by law, the Ilen
<br />M"M by section 6321 shall aria at the time the assessment
<br />Is tirade and shell continue until the liability for the amount so
<br />aeeeaaed (or a judgment against the taxpayer arising out of
<br />such liability) Is sansfled or becomes unenforceable by reason
<br />of lapis of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchaet's, Holden Of Security In-
<br />Nre* Mechailes Llenors, And Judgment
<br />(.tell Credibrs. — The lien Imposed by section 6321 shall
<br />not be valid as against any purchaser, holder of a security
<br />interest, mechanic'. Meyer, or judgment lien creditor until notice
<br />ftrool which meets the requirements of subsection (t) has
<br />been filed by the Secretary .
<br />m Piece for Fi ing Notice; Form. —
<br />(1) Place For Filing . The notice referred to in sub -
<br />eadtion (A) shelf be filed -
<br />(AI Under State laws
<br />(i) 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 />(it) Personal Property - In the case of personal
<br />Property. whether tangible or intangible, in one office
<br />within the State lot the County, or other governmental
<br />subdivision), as designated by the laws of such State,
<br />in which the property subject to the hen is situated.
<br />or
<br />(8) With Clerk Of District Court - In the office of the clerk of
<br />the United Slates district court for the judicial dlstricl in which
<br />UM property subject to lien is situated, whenever the State has
<br />not by law designated oneoffice which meets the rerun meats of
<br />subparagraph (A). or
<br />(C) With Recorder 01 Deeds Of The District Of Colmnbta - In
<br />the office of the Recorder of Deeds of the District of Commb,a d
<br />the property subject to the hen sri,meo of
<br />Columbia.
<br />(2) Situs Of Property Subject To Lien - For purposes of
<br />paragraphs (1) and (4), property shall be deemed to be situated
<br />(At Real Property - In the tale of real property, al Its
<br />physical location; or
<br />(e) Personal Property - In the cote of personal property,
<br />whether tangible or intangible, et the residence of this
<br />taxpayer et the time the notice at Ilen Is filed.
<br />For purposes of paragraph (2) (e). tM residence of a corporation
<br />or partnership shall be doomed to be the place at which the
<br />principal executive office of the business Is located, and the
<br />residence of a taxpayer whose residence is without the United
<br />States shall be doomed 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 />other provision of law regarding the form or content of a
<br />notice of Ilen.
<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 />4. Personal property purchased In casual sale
<br />5. Personal property subjected to possessory lien
<br />6. Heal property tax and special assessment liens
<br />7. Residential property subject to a mechanic's
<br />Ilan for certain repairs and Improvements
<br />e. Attorney's liens
<br />g. Certain insurance contracts
<br />10. Passbookloans
<br />(a) Reflling Of Notice. — For purposes of this
<br />section
<br />(t) General Rule.— unless notice of lien is rallied In
<br />the manner prescribed in paragraph (2) during the required
<br />refiling period, such notice of hart shall be treated as filed on the
<br />date on which It is filed (in accordance with subsection (11) after
<br />the expiration at such telling period
<br />(2) Place For Filing. — A notice of lien reliled
<br />during the required reliling period shall be effective only -
<br />(A) d-
<br />(i) such notice of lien is refiled in the office nn which the
<br />prior notice of lien was filed, and
<br />lip in the case of real properly, the fact of rehhng is
<br />entered and recorded in an index to the extent requued by
<br />subsection (1) (4), and
<br />IBI in any case in which, DD days or more prior to the date
<br />of a refiling at notice of lien under subparagraph (A). the
<br />a
<br />L�.
<br />Secretary received written Information fill the manner
<br />prescribed in regulations Issued by the Secretary)
<br />concemifg a change In this taxpayl is residence, If a notice
<br />01 such Ilan Is also filed In accordance with subsection (e In
<br />the State in which ouch residence Is tooted.
<br />(3) Required ReRifng Period. — In the case
<br />of any notice of Ilan, the term "required refiling period" means
<br />(A) the one -year period ending 30 days otter the expiration
<br />of 6 years after the date of the assessment of the tax, and
<br />(8) the one-year Wait ending with the expiration of 6 years
<br />aner file close of the preceding required refiling period for
<br />such notice of lien.
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Reluw Of Lien. — subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />Issue a certificate of release at 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, has been fully satisfied or has
<br />become legally unenforceable; or
<br />(2) Bond Accepted -There is furnished lathe Secretary and
<br />accepted by him a bond that is conditioned upon the payment or
<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 Relurns and
<br />Return Information For Tax Administration
<br />Purposes. —
<br />(2) Disclosure of amount of outstanding lien - If a notice of
<br />hen has been hied pursuant to section 63231fi. the amount of the
<br />outstanding obligation sec.ned by such lien may be disclosed to
<br />any person who fwnishes satisfactory written evidence that he
<br />has a right in the property subject to such ; en of niends to
<br />obtain a right in such properly
<br />I
<br />K
<br />91{�'
<br />lit
<br />r.
<br />
|