|
|
||
|
|
||
                              
|
6338 Code and Regulations | |
|
Internal
Revenue Code - §6338 - CERTIFICATE OF 6338(b) DEED TO 6338(c)
(a) Certificate of sale. --In the case of property sold as provided in section 6335 (relating to sale of seized property), the district director shall give to the purchaser a certificate of sale upon payment in full of the purchase price. A certificate of sale of real property shall set forth the real property purchased, for whose taxes the same was sold, the name of the purchaser, and the price paid therefor. (b) Deed to real property. --In the case of any real property sold as provided in section 6335 and not redeemed in the manner and within the time prescribed in section 6337, the district director shall execute (in accordance with the laws of the State in which the real property is situated pertaining to sales of real property under execution) to the purchaser of such real property at the sale or his assigns, upon surrender of the certificate of sale, a deed of the real property so purchased, reciting the facts set forth in the certificate. (c) Deed to
real property purchased by the
T.D.
6425 1,
1959-2 CB 384 In order to conform
the Regulations on Procedure and Administration (26 PARAGRAPH 1. Section §301.6203-1 METHOD OF ASSESSMENT.--The district director shall appoint one or more assessment officers, including assessment officers in a Service Center servicing his district, and the assessment shall be made by an assessment officer signing the summary record of assessment. The summary record, through supporting records, shall provide identification of the taxpayer, the character of the liability assessed, the taxable period, if applicable, and the amount of the assessment. The amount of the assessment shall, in the case of tax shown on a return by the taxpayer, be the amount so shown, and in all other cases the amount of the assessment shall be the amount shown on the supporting list or record. The date of the assessment is the date the summary record is signed by an assessment officer. If the taxpayer requests a copy of the record of assessment, the district director or the director of a Service Center shall furnish the taxpayer a copy of the pertinent parts of the assessment which set forth the name of the taxpayer, the date of assessment, the character of the liability assessed, the taxable period, if applicable, and the amounts assessed. §301.6207 STATUTORY PROVISIONS; CROSS REFERENCES. *
* * * * * * (4) For assessment with respect to taxes required to be paid by chapter 52, see section 5703. *
* * * * * * (6) For period of limitation upon assessment, see chapter 66. (7) For assessment under the provisions of the Tariff Act of 1930 of the taxes imposed by section 4501(b), and subchapter A, B, C, D, and E of chapter 38, see sections 4504 and 4601, respectively. [Sec.
6206 as renumbered 6207 by sec. 4(b)(1), Act of §301.6212 STATUTORY PROVISIONS; NOTICE OF DEFICIENCY. (a) IN GENERAL.--If the Secretary or his delegate determines that there is a deficiency in respect of any tax imposed by subtitles A or B, he is authorized to send notice of such deficiency to the taxpayer by certified mail or registered mail. (b) ADDRESS FOR NOTICE OF DEFICIENCY.-- (1)
INCOME (2) JOINT INCOME TAX RETURN.--In the case of a joint income tax return filed by husband and wife, such notice of deficiency may be a single joint notice, except that if the Secretary or his delegate has been notified by either spouse that separate residences have been established, then, in lieu of the single joint notice, a duplicate original of the joint notice shall be sent by certified mail or registered mail to each spouse at his last known address. *
* * * * * * [Sec. 6212 as amended by secs. 76, 89(b), Technical Amendments Act 1958 (72 Stat. 1661, 1665)] §301.6212-1
NOTICE OF DEFICIENCY.--(a) General rule.--If a district
director (or an assistant regional commissioner, appellate)
determines that there is a deficiency in respect of income,
estate, or gift tax imposed by subtitle A or B, he is authorized
to notify the taxpayer of the deficiency by registered mail prior
to (b) Address for notice of deficiency. * * * (2)
Joint income tax returns.--If a joint income tax return has
been filed by husband and wife, the district director (or
assistant regional commissioner, appellate) may, unless the
district director for the district in which such joint return was
filed has been notified by either spouse that a separate residence
has been established, send either a joint or separate notice of
deficiency to the taxpayers at their last known address. If,
however, the proper district director has been so notified, a
separate notice of deficiency, that is, a duplicate original of
the joint notice, must be sent by registered mail prior to *
* * * * * * §301.6213-1
RESTRICTIONS APPLICABLE TO DEFICIENCIES: PETITION TO TAX
COURT.--(a) Time for filing petition and restrictions on
assessment.--(1) Time for filing petition.--Within 90
days after notice of the deficiency is mailed (or within 150 days
after mailing in the case of such notice addressed to a person
outside the States of the Union and the District of Columbia), as
provided in section 6212, a petition may be filed with the Tax
Court of the United States for a redetermination of the
deficiency. In determining such 90-day or 150-day period,
Saturday, Sunday, or a legal holiday in the *
* * * * * * (c) Failure to file petition.--If no petitioner is filed with the Tax Court within the period prescribed in section 6213(a), the district director shall assess the amount determined as the deficiency and of which the taxpayer was notified by registered or certified mail and the taxpayer shall pay the same upon notice and demand therefor. In such case the district director will not be precluded from determining a further deficiency and notifying the taxpayer thereof by registered or certified mail. If a petition is filed with the Tax Court the taxpayer should notify the district director who issued the notice of deficiency that the petition has been filed in order to prevent an assessment of the amount determined to be the deficiency. *
* * * * * * §301.6325 STATUTORY PROVISIONS; RELEASE OF LIEN OR PARTIAL DISCHARGE OF PROPERTY. (a) RELEASE OF LIEN. * * * (1) LIABILITY SATISFIED OR UNENFORCEABLE.--The Secretary or his delegate finds that the liability for the amount assessed, together with all interest in respect thereof, has been fully satisfied or has become legally unenforceable; or *
* * * * * * (c)
ESTATE OR (d) EFFECT OF CERTIFICATE OF RELEASE OR DISCHARGE.--A certificate of release or of discharge issued under this section shall be held conclusive that the lien upon the property covered by the certificate is extinguished. (e) CROSS REFERENCES.-- (1) For single bond complying with the requirements of both subsection (a)(2) and section 6165, see section 7102. (2) For other provisions relating to bonds, see generally chapter 73. (3) For provisions relating to suits to enforce lien, see section 7403. (4) For provisions relating to suits to clear title to realty, see section 7424. [Sec. 6325 as amended by sec. 77, Technical Amendments Act 1958 (72 Stat. 1662) [P.L. 85-866, C.B. 1958-3, 254]] §301.6325-1 RELEASE OF LIEN OR PARTIAL DISCHARGE OF PROPERTY.--(a) Release of lien.--(1) Liability satisfied or unenforceable.--The district director to whom is charged an assessment in respect of any internal revenue tax shall issue a certificate of release of any lien imposed with respect to such tax, whenever he finds that the liability for the amount assessed (together with all interest in respect thereof) has been satisfied or has become unenforceable as a matter of law (and not merely uncollectible or unenforceable as a matter of fact). Tax liabilities frequently are unenforceable in fact for the time being, due to the temporary nonpossession by the taxpayer of discoverable property or property rights. In all cases the liability for the payment of the tax continues until satisfaction of the tax in full or until the expiration of the statutory period for collection, including such extension of the period for collection as may be agreed upon in writing by the taxpayer and the district director. The form to be used by the district director is Form 669, "Certificate of Release of Federal Tax Lien". (2) Bond accepted.--The district director may, in his discretion, issue a certificate of release of any tax lien if he is furnished and accepts a bond that is conditioned upon the payment of the amount assessed (together with all interest in respect thereof), within the time agreed upon in the bond, but not later than 6 months before the expiration of the statutory period for collection, including any period for collection agreed upon in writing by the district director and the taxpayer. For provisions relating to bonds, see sections 7101 and 7102 and the regulations thereunder. (b) Discharge of specific property from the lien.--(1) Property double the amount of the liability.--(i) The district director may, in his discretion, issue a certificate of discharge of any part of the property subject to any tax lien if he determines that the fair market value of that part of the property remaining subject to the lien is at least double the sum of the amount of the unsatisfied liability secured by such lien and of the amount of all other liens upon such property which have priority to such lien. In general, fair market value is that amount which one ready and willing but not compelled to buy would pay to another ready and willing but not compelled to sell the property. The form to be used by the district director is Form 669-A, "Certificate of Discharge of Property from Federal Tax Lien". For information required to be submitted in an application for a certificate of discharge, see subparagraph (4) of this paragraph. (ii) The following example illustrates a case in which a certificate of discharge may not be given under this subparagraph: Example: The Federal tax liability secured by a lien is $1,000. The fair market value of all property which after the discharge will continue to be subject to the Federal tax lien is $10,000. There is a prior mortgage on the property of $5,000, including interest, and the property is subject to a prior lien of $100 for real estate taxes. Accordingly, the taxpayer's equity in the property over and above the amount of the mortgage and real estate taxes is $4,900, or nearly five times the amount required to pay the assessed tax on which the Federal tax lien is based. Nevertheless, a discharge under this subparagraph is not permissible. In the illustration, the sum of the amount of the Federal tax liability ($1,000) and of the amount of the prior mortgage and the lien for real estate taxes ($5,000$100=$5,100) is $6,100. Double this sum is $12,200, but the fair market value of the remaining property is only $10,000. Hence, a discharge of the property is not permissible under this subparagraph, since the Code requires that the fair market value of the remaining property be at least double the sum of two amounts, one amount being the outstanding Federal tax liability and the other amount being all prior liens upon such property. In order that the discharge may be issued, it would be necessary that the remaining property be worth not less than $12,200. (2) Part payment.--The district director may, in his discretion, issue a certificate of discharge of any part of the property subject to the lien if there is paid over to him in part satisfaction of the liability secured by the lien an amount determined by him to be not less than the value of the interest of the United States in the property to be so discharged. In determining the amount to be paid, the district director will take into consideration all the facts and circumstances of the case, including the expenses to which the Government has been put in the matter. In no case shall the amount to be paid be less than the value of the interest of the United States in the property with respect to which the certificate of discharge is to be issued, as such value has been determined by the district director in the light of the fair market value of the property and the amount of all liens and encumbrances thereon having priority over the Federal tax lien. The form to be used by the district director is Form 669-B, "Certificate of Discharge of Property from Federal Tax Lien". For information required to be submitted in an application for a certificate of discharge, see subparagraph (4) of this paragraph. (3)
Interest of the (4) Application for certificate of discharge.--Any person desiring a certificate of discharge or property from a Federal tax lien shall submit to the district director to whom the assessment is charged a written application in triplicate, under penalties of perjury, requesting that the certificate be issued. The application shall contain the following information: (i) A clear description of the property with respect to which the discharge is desired and, where applicable, of the property remaining subject to the lien; (ii) The reason the discharge is sought; (iii) A description of the Federal tax lien in respect of which the certificate of discharge is sought, including the amount, nature of the tax, the dates of assessment, and, if applicable, an appropriate reference to the registry and the page and volume of the book in which the notice of Federal tax lien is filed, indexed, or recorded, and the date of the filing of the notice; (iv) A statement in numbered paragraphs of all facts material to the application, including the amount, character, and dates (both of execution and of record) of all encumbrances of record prior to the Federal lien, with an appropriate reference to the registry and the page and volume of the book in which each such encumbrance is recorded; (v) The amounts, character, and dates of execution of any unrecorded encumbrances believed to be prior to the Federal tax lien, including information as to how and when such encumbrances arose; (vi) In support of the application, the applicant must furnish proof sufficient to establish the fair market value of the property with respect to which the discharge is sought, and where applicable, proof sufficient to establish the fair market value of the property which will remain subject to the lien; and (vii) Any other information which in the opinion of the applicant might have a bearing upon the determination to be made. Applications submitted under subparagraph (1) or (3) of this paragraph do not require the submission of any sum of money for the discharge of the property from a tax lien. Since the amount to be paid for the issuance, under subparagraph (2) of this paragraph, of a certificate of discharge of property from a Federal tax lien is a matter for the determination of the district director after consideration of the facts and law involved, no sum of money or check should be submitted with the application. The district director shall cause a thorough investigation to be made as to the proof and accuracy of all material statements made in the application. Upon completion of such investigation the district director will make his determination and advise the applicant of the decision reached. (c) Estate or gift tax liability fully satisfied or provided for.--(1) Certificate of discharge.--If the district director determines that the tax liability for estate or gift tax has been fully satisfied, he may issue a certificate of discharge of any or all property from the lien imposed thereon. If the district director determines that the tax liability for estate or gift tax has been adequately provided for, he may issue a certificate discharging particular items of property from the lien. The issuance of such a certificate is a matter resting within the discretion of the district director, and a certificate will be issued only in case there is actual need therefor. The primary purpose of such discharge is not to evidence payment or satisfaction of the tax, but to permit the transfer of property free from the lien in case it is necessary to clear title. The tax will be considered fully satisfied only when investigation has been completed and payment of the tax, including any deficiency determined, has been made. (2) Application for certificate of discharge.--An application for a certificate of discharge of property from the lien for estate or gift tax should be filed with the district director charged with the assessment in respect of the tax. It should be made in writing under penalties of perjury and should explain the circumstances that require the discharge, and should fully describe the particular items for which the discharge is desired. In the case of an estate tax lien, the application should show the applicant's relationship to the estate, such as executor, heir, devisee, legatee, beneficiary, transferee, or purchaser. If the estate or gift tax return has not been filed, a statement under penalties of perjury may be required showing (i) the value of the property to be discharged, (ii) the basis for such valuation, (iii) in the case of the estate tax, the approximate value of the gross estate and the approximate value of the total real property included in the gross estate, (iv) in the case of the gift tax, the total amount of gifts made during the calendar year and the prior calendar years subsequent to the enactment of the Revenue Act of 1932 and the approximate value of all real estate subject to the gift tax lien, and (v) if the property is to be sold or otherwise transferred, the name and address of the purchaser or transferee and the consideration, if any, paid or to be paid by him. (d) Effect of certificate of release or discharge of specific property.--A certificate of release of lien or a certificate discharging specific property from the lien issued under section 6325 shall be conclusive that the lien upon the property covered by the certificate is extinguished. §301.6334 STATUTORY PROVISIONS; PROPERTY EXEMPT FROM LEVY. (a) ENUMERATION. * * * (4) UNEMPLOYMENT BENEFITS.--Any amount payable to an individual with respect to his enemployment (including any portion thereof payable with respect to dependents) under an unemployment compensation law of the United States, of any State or Territory, or of the District of Columbia or of the Commonwealth of Puerto Rico. *
* * * * * * [Sec. 6334 as amended by sec. 406, Social Security Amendments 1958 (72 Stat. 1047)] *
* * * * * * Sec.
562 [Title 38, (c) Special pension shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatever. [38
U.S.C. 562(c), enacted into positive law by Act of Sec.
1440 [Title 10, [10
U.S.C. 1440, enacted into positive law by Act of §301.6334-1 PROPERTY EXEMPT FROM LEVY.--(1) Enumeration. * * * (4) Unemployment benefits.--Any amount payable to an individual with respect to his unemployment (including any portion thereof payable with respect to dependents) under an unemployment compensation law of the United States, of any State or Territory, or of the District of Columbia or of the Commonwealth of Puerto Rico. *
* * * * * * (c) Other property.--Annuity or pension payments under the Railroad Retirement Act, benefits under the Railroad Unemployment Insurance Act, special pensions under 38 U.S.C. 562, and annuities payable under Chapter 73 of Title 10 of the United States Code are exempt from levy. No other property or rights to property are exempt from levy except the property specifically exempted by section 6334(a). No provision of a State law may exempt property or rights to property from levy for the collection of any Federal tax. Thus, property exempt from execution under State personal or homestead exemption laws is, nevertheless, subject to levy by the United States for collection of its taxes. §301.6338
STATUTORY PROVISIONS; CERTIFICATE OF (c)
[Sec. 6338 as amended by sec. 78, Technical Amendments Act 1958 (72 Stat. 1662] §301.6338-1
CERTIFICATE OF *
* * * * * * (c) Deed to real property purchased by the United States.--If real property is declared purchased by the United States at a sale pursuant to section 6335, the district director shall at the proper time execute a deed therefor after its preparation and the endorsement of approval as to the form by the United States attorney for the district in which the property is situated, and the district director shall, without delay, cause the deed to be duly recorded in the proper registry of deeds. §301.6339
STATUTORY PROVISIONS; LEGAL EFFECT OF CERTIFICATE OF (b)
DEED OF (2) DEED AS CONVEYANCE OF TITLE.--If the proceedings of the Secretary or his delegate as set forth have been substantially in accordance with the provisions of law, such deed shall be considered and operate as a conveyance of all the right, title, and interest the party delinquent had in and to real property thus sold at the lien of the United States attached thereto. [Sec. 6339 as amended by sec. 79, Technical Amendments Act 1958 (72 Stat. 1662)] §301.6343-1 AUTHORITY TO RELEASE LEVY.--(a) Authority.--The district director may release the levy upon all or part of the property or rights to property levied upon as provided in paragraphs (b) and (c) of this section. A levy may be released under paragraph (b) of this section only if the delinquent taxpayer complies with such of the conditions thereunder as the district director may require and if the district director determines that such action will facilitate the collection of the liability. A release pursuant to paragraph (c) is considered to facilitate the collection of the liability. The release under this section shall not operate to prevent any subsequent levy. *
* * * * * * (c) Release where value of interest of United States is insufficient to meet expenses of sale.--The district director may release the levy as authorized under paragraph (a) of this section if he determines that the value of the interest of the United States in the seized property, or in the part of the seized property to be released, is insufficient to cover the expenses of the sale of such property. §301.6402-3 SPECIAL RULES APPLICABLE TO INCOME TAX.--(a) In the case of income tax, claims for refund may not only be made on Form 843 but may also be made on any individual, finduciary, or corporation income tax return, or on any amended income tax return. (b) A properly executed individual, fiduciary, or corporation income tax return shall, at the election of the taxpayer, constitute a claim for refund or credit within the meaning of section 6402 and section 6511 for the amount of the overpayment disclosed by such return. For purposes of section 6511, such claim shall be considered as filed on the date on which such return is considered as filed, except that if the requirements of §301.7502-1, relating to timely mailing treated as timely filing, are met the claim shall be considered to be filed on the date of the postmark stamped on the cover in which the return was mailed. An election to treat the return as a claim for refund or credit shall be evidenced by a statement on the return setting forth the amount determined as an overpayment and advising whether such amount shall be refunded to the taxpayer or shall be applied as a credit against the taxpayer's estimated income tax for the taxable year immediately succeeding the taxable year for which such return is filed. If the taxpayer elects to have all or part of the overpayment shown by his return applied to his estimated income tax for his succeeding taxable year, no interest shall be allowed on such portion of the overpayment credited and such amount shall be applied as a payment on account of the estimated income tax for such year or the installments thereof. *
* * * * * * §301.6412 STATUTORY PROVISIONS; FLOOR STOCKS REFUNDS. (a) IN GENERAL.-- (1)
PASSENGER AUTOMOBILES, *
* * * * * * (d)
SUGAR.--With respect to any sugar or articles composed in chief
value of sugar upon which tax imposed under section 4501(b) has
been paid and which, on *
* * * * * * [Sec.
6412 as amended by sec. 3(b)(4), Tax Rate Extension Act 1955 (69
Stat. 15) [P.L. 18, C.B. 1955-1, 619]; sec. 3(b)(4), Tax Rate
Extension Act 1956 (70 Stat. 67) [P.L. 458, C.B. 1956-1, 869];
sec. 19, Act of §301.6413 STATUTORY PROVISIONS; SPECIAL RULES APPLICABLE TO CERTAIN EMPLOYMENT TAXES. (c) SPECIAL REFUNDS.-- (1) IN GENERAL.--If by reason of an employee rec |