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Last modified
10/19/2011 3:23:41 PM
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3/27/2008 3:12:44 PM
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87106988
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W <br />N, <br />her <br />Y <br />Oe <br />r <br />0 <br />re <br />Excerpt From Internal Reventa Code <br />Sec. 6321. Lien For Taxes. <br />M airy person it" to pay arty to neglects or muses to <br />psy iM same arbor demand, the amount (Including any InM- <br />9K aldfeonal amount, adman to tax, or a ssube penalty. <br />Upsetter with any meta that may accrue in addition fhamo) <br />so be a 1Nn M States upon of the United S upon all pro" <br />Writ Vast to property. wMBrei rid or personal, belonging <br />to such parson. <br />Sec. 6322. Period Of Lien. <br />Unless anothat ate Is specificalty fixed by law, the Ilan <br />Impeesd by section 6321 stall arise at the time the assesamem <br />Is mss and aide continue until the [!&Witty for the amount so <br />assesad (or a {udgmam agakwt the taxpayer arising out of <br />such Newly) ly) a ousted of betxmne uneMorculals by reason <br />Of 1pee of the. <br />Sec. 6323. Validity and Priority Against <br />Certain Persons. <br />W Pwoheaars, Hamm Of SeC1Mgl In- <br />Mregs, 11116dian 'e Lienore, And Judgment <br />Lion CrreditOfe. — The no imposed by section m21 shalt <br />cal be valid a against any purmaar. holder at a security <br />base metsnudc's Iener, or Judgment lien creditor until notice <br />DWIM whim metals the requirements of subsection in has <br />bean gad by the Secretary. <br />to Plaice For Ring Noft Form, <br />(1) Race For Filing - The notice referred to in sub - <br />sactlat (al shall be Oted - <br />(A) Under State Laws <br />(f) Real Property - In the case of real property, in one <br />office wimn 1heSlsta (orthe county, or other governmental <br />subdivision), as designated by the laws of such State. in <br />which the property subject to the Ilan Is situated; and <br />IN) Personal Property - In the Casa of personal <br />property, whether tangible or Intangible, in one office <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 />(8) With Clerk Of 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 />net by law designated oneomicewhich meets the requirements of <br />subparagraph 1A), or <br />(C) with Recorder Of Deeds Of The District Of Columbia - In <br />the office of the Recorder of Deeds of the District of Columbia. if <br />the property subject to the lien is situated in the District of <br />Columbia. <br />p <br />E�n7tered !�t I3arxfm ®nt f�la. <br />$7.... <br />Gr%If.LUi <br />C P <br />f ( 141iva( <br />l67 i;' +1I 10 C I <br />(2) Slide Of Property Subject To Lien - For purposes of <br />paragraphs (1) and (U. property shelf be deemed to be situated - <br />(A) Real Property - in fed can of real property, at Its <br />"pea:location: or <br />(B) Personal Property - In IN cue of personal property, <br />whether Wpibe or Intangible. at the rNkana of the <br />taxpayer at the time the notice of fen is filed. <br />For purposes of paragraph (2) (8), the raosna of a corporation <br />of partnership shall be demad to be the piece at which the <br />principal executive otnce of the business Is located. and the <br />MOM of a taxpayer whose residence Is without the United <br />States shall be deemed to be in the District of Columbia. <br />(31 Form - The tam and content of the notice <br />hefts, to In subsection (a) shall be pm er" by on - <br />Secretary. Such notice shag be valid notwithstanding Wry <br />other pro talon of law regarding the form or content of a <br />notice at lint. <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 />x. Personal property purchased in casual ale <br />5. Personal property subjected to possessory lien <br />6. Real property tax and special assessment liens <br />7. Residential property subject to a mechanic's <br />Ilan for certain repairs and Improvements <br />S. Attorney'& hens <br />B. Certain Insurance contracts <br />10. Passbook loans <br />(g) RefNing Of Notice. — For purposes of this <br />section - <br />(1) General Rule.— Unless notice of lien is renled In <br />the manner prescribed in paragraph (2) during the required <br />rattling period, such notice of lien shall be treated as flied on the <br />date orrwhich it is filed (in accordance with subsection (0) after <br />the expiration of such raffling period. <br />(2) Place For Filing. — A notice of lien rallied <br />during the required rattling period shall be effective only - <br />(A) it - <br />(i) such notice of lien is rattled in the office in which the <br />prior notice of lien was filed, and <br />(it) in the case of real property, the tact of rehlmg is <br />entered and recorded in an index to the extent required by <br />subsection 10 (4). and <br />(B) in any case in which. 90 days or more prior to the date <br />of a railing of notice of lien under subparagraph (A), the <br />1 <br />IIC <br />Secretary received written Information (In the mamter <br />prescribed in regulations Issued by the Ssttatary) <br />concerning a change in the taxpayals ruwm, if a now <br />of such lion Is also reed In accordance with subsection (Q M <br />ew State In which such residence Is located. <br />(3) RaFMd Ralillir►g Parlod. — in the cast <br />of arty notice of Ian, the term "rerMdnd noting g paod" mum - <br />(A) the one-year period ending 30 aye after the expiration <br />of 6 years after ON data of the aaxament of the tax. and <br />(B) the one- yearptriod ending wheh theexpinten aid years <br />aldr the close of the preceding required tening Period for <br />such notice of Ilan. <br />Sec. 6325. Release Of Lien Or <br />Discharge Of Property. <br />(a) Release Of Lien. — subect to sum <br />regulations as the Secretary may prescribe, the Secretary shall <br />Issue a arllficale of relay of any Ile imposed whet 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 />ends that the liability forthe amount assessed, together with all <br />Interest In respect thereof, has been fully Satisfied or no <br />become lega0y unenforceable: or <br />12) Bond Accepted - Then 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 Iithereat In respect <br />thereof, within the time prescrlbed by law (Including any <br />extension of such time), and that Is in accordance with such <br />requhmmerds relating to terms, conditions, and form of the bond <br />and sureties thins! n, as may be specified by such regulations. <br />Sec. 6103. Confidentiality and Dis- <br />closure of Returns and Return In- <br />formation. <br />(Ice Disclosure of Certain Returns and <br />Return Information For Tax Administration <br />Purposes. — <br />(2) Disclosure of amount of outstanding lien. - II a notice of <br />lien has been filed pursuant to section 5323(1), the amount of the <br />outstanding obligation secured by such hen may be disclosed to <br />any person who furnishes satisfactory written evidence that he <br />has a right in the property subject to such lien or intends t0 <br />obtain a right in such property. <br />r <br />rn p <br />
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