Internal
Revenue Code - §6338 - CERTIFICATE OF
SALE
; DEED OF
REAL
PROPERTY
6338(a)
CERTIFICATE OF
SALE
. --In the case of property sold as
provided in section 6335, the Secretary shall give to the
purchaser a certificate of sale upon payment in full of the
purchase price. In the case of real property, such certificate
shall set forth the real property purchased, for whose taxes the
same was sold, the name of the purchaser, and the price paid
therefor.
6338(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 provided in section 6337, the Secretary
shall execute (in accordance with the laws of the State in which
such real property is situated pertaining to sales of real
property under execution) to the purchaser of such real property
at such sale, upon his surrender of the certificate of sale, a
deed of the real property so purchased by him, reciting the facts
set forth in the certificate.
6338(c)
REAL
PROPERTY PURCHASED BY UNITED STATES. --If
real property is declared purchased by the
United States
at a sale pursuant to section 6335, the Secretary shall at the
proper time execute a deed therefor, and without delay cause such
deed to be duly recorded in the proper registry of deeds.
.01 Amended by P.L. 94-455 (Deadwood Act), P.L. 89-719 and
P.L. 85-866.
§301.6338-1.,
Certificate of sale; deed of real property
(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
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 and shall, without delay, cause the deed to be duly
recorded in the proper registry of deeds. [Reg. §301.6338-1.]
.01Historical Comment: Proposed 12/11/54. Adopted
12/31/54 by T.D.
6119. Amended 11/10/59 by T.D.
6425 and
4/12/72
by T.D.
7180.
SECTION
6203.--METHOD OF ASSESSMENT
26
CFR
301.6203
-1: Method of assessment. (Also Sections 6325, 6402, 6501, 6601,
6611, 6652, 6871;
301.6325
,
301.6402
-3,
301.6501
-1(a),
301.6601
,
301.6611
,
301.6652
,
301.6871
(a).)
TITLE 26--INTERNAL REVENUE, 1954.--CHAPTER I, SUBCHAPTER F, PART
301.--PROCEDURE
AND
ADMINISTRATION
Miscellaneous amendments to the Regulations on Procedure and
Administration.
DEPARTMENT OF THE TREASURY,
OFFICE OF COMMISSIONER OF INTERNAL REVENUE, Washington 25, D.C.
To Officers and Employees of the Internal Revenue Service and
Others Concerned:
In order to conform
the Regulations on Procedure and Administration (26
CFR
Part 301) to (1) the amendments made to the Internal Revenue Code
of 1954 by the Act of
February 11, 19
58 (Public Law 85-323, 72 Stat. 8) [C.B. 1958-1, 630], The Tax
Rate Extension Act of 1958 (72 Stat. 259) [P.L. 85-475, C.B.
1958-3, 73], the Social Security Amendments of 1958 (72 Stat.
1013) [P.L. 85-840, C.B. 1958-3, 85], the Technical Amendments Act
of 1958 (72 Stat. 1606) [P.L. 85-866, C.B. 1958-3, 254], the
Excise Tax Technical Changes Act of 1958 (72 Stat. 1275) [P.L.
85-859, C.B. 1958-3, 92], the Life Insurance Company Income Tax
Act of 1959 (73 Stat. 112) [P.L. 86-69, page 654, this Bulletin],
and the Tax Rate Extension Act of 1959 (73 Stat. 157) [P.L. 86-75,
page 679, this Bulletin], and (2) 38 U.S.C. 562(c), as enacted
into positive law by the Act of
September 2, 19
58 (Public Law 85-857, 72 Stat. 1105), and 10 U.S.C. 1440, as
enacted into positive law by the Act of
August 10, 19
56 (Public Law 1028, 84th Cong., 70A Stat. 111), and in order to
make certain other changes in such regulations, the regulations
are amended as follows:
PARAGRAPH 1. Section
301.6203
-1 is amended to read as follows:
§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.
PAR
. 2. Section
301.6207
, as amended by Treasury Decision 6292, approved
April 15, 19
58 [C.B. 1958-1, 476], is further amended to read as follows:
§301.6207
STATUTORY PROVISIONS; CROSS REFERENCES.
SEC
. 6207. 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
Apr. 2, 19
56 (Pub. Law 466, 84th Cong., 70 Stat. 90) [C.B. 1956-1, 870] and
as amended by sec. 204(2), (3), Excise Tax Technical Changes Act
1958 (72 Stat. 1428 [P.L. 85-859, C.B. 1958-3, 92]]
PAR
. 3. Section
301.6212
is amended to read as follows:
§301.6212
STATUTORY PROVISIONS; NOTICE OF DEFICIENCY.
SEC
. 6212. 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
AND
GIFT
TAXES.--In the absence of notice to the Secretary or his delegate
under section 6903 of the existence of a fiduciary relationship,
notice of a deficiency in respect of a tax imposed by subtitle A
or chapter 12, if mailed to the taxpayer at his last known
address, shall be sufficient for purposes of subtitle A, chapter
12, and this chapter even if such taxpayer is deceased, or is
under a legal disability, or, in the case of a corporation, has
terminated its existence.
(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)]
PAR
. 4. Section
301.6212
-1 is amended to read as follows:
§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
September 3, 19
58, and by either registered or certified mail on and after
September 3, 19
58.
(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
September 3, 19
58, and by either registered or certified mail on and after
September 3, 19
58, to each spouse at his or her last known address. The notice of
separate residences should be addressed to the district director
for the district in which the joint return was filed.
*
* * * * * *
PAR
. 5. Section
301.6213
-1 is amended to read as follows:
§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
District of Columbia
is not counted as the 90th or 150th day. In determining the time
for filing a petition with the Tax Court in the case of a notice
of deficiency mailed to a resident of Alaska prior to 12:01 p.m. (E.S.T.),
January 3, 19
59, and in the case of a notice of deficiency mailed to a resident
of Hawaii prior to 4:00 p.m. (E.D.S.T.),
August 21, 19
59, the term "States of the Union" does not include
Alaska or Hawaii, respectively, and the 150-day period applies. In
determining the time within which a petition to the Tax Court may
be filed in the case of a notice of deficiency mailed to a
resident of Alaska after 12:01 p.m. E.S.T.),
January 3, 19
59, and in the case of a notice of deficiency mailed to a resident
of Hawaii after 4:00 p.m. (E.D.S.T.),
August 21, 19
59, the term "States of the Union" includes Alaska and
Hawaii, respectively, and the 90-day period applies.
*
* * * * * *
(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.
*
* * * * * *
PAR
. 6. Section
301.6325
is amended to read as follows:
§301.6325
STATUTORY PROVISIONS; RELEASE OF LIEN OR PARTIAL DISCHARGE OF
PROPERTY.
SEC
. 6325. 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
GIFT
TAX.--Subject to such rules or regulations as the Secretary or his
delegate may prescribe, the Secretary or his delegate may issue a
certificate of discharge of any or all of the property subject to
any lien imposed by section 6324 if the Secretary or his delegate
finds that the liability secured by such lien has been fully
satisfied or provided for.
(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]]
PAR
. 7. Section
301.6325
-1 is amended to read as follows:
§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
United States
valueless.--The district director may, in his discretion,
issue a certificate of discharge of any part of the property
subject to the lien if he determines that the interest of the
United States
in the property to be so discharged has no value. The form to be
used by the district director is Form 669-C, "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.
(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.
PAR
. 8. Section
301.6334
, as amended by Treasury Decision 6292, approved
April 15, 19
58 [C.B. 1958-1, 476], is further amended to read as follows:
§301.6334
STATUTORY PROVISIONS; PROPERTY EXEMPT FROM LEVY.
SEC
. 6334. 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,
United States
Code]. Special provisions relating to pension. * * *
(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
Sept. 2, 19
58 (Pub. Law 85-857, 72 Stat. 1105)]
Sec.
1440 [Title 10,
United States
Code]. Annuities not subject to legal process.--No annuity
payable under this chapter (Chapter 73) is assignable or subject
to execution levy, attachment, garnishment, or other legal
process.
[10
U.S.C. 1440, enacted into positive law by Act of
Aug. 10, 19
56 (Pub. Law 1028, 84th Cong., 70A Stat. 111)]
PAR
. 9. Section
301.6334
-1, as amended by Treasury Decision 6292, approved
April 15, 19
58, is further amended to read as follows:
§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.
PAR
. 10. Section
301.6338
is amended to read as follows:
§301.6338
STATUTORY PROVISIONS; CERTIFICATE OF
SALE
; DEED OF
REAL
PROPERTY.
SEC
. 6338. CERTIFICATE OF
SALE
; DEED OF
REAL
PROPERTY. * * *
(c)
REAL
PROPERTY PURCHASED BY UNITED STATES.--If real property is declared
purchased by the United States at a sale pursuant to section 6335,
the Secretary or his delegate shall at the proper time execute a
deed therefor after its preparation and the endorsement of
approval as to its form by the United States attorney for the
district in which the property is situated, and the Secretary or
his delegate shall, without delay, cause the deed to be duly
recorded in the proper registry of deeds.
[Sec.
6338 as amended by sec. 78, Technical Amendments Act 1958 (72
Stat. 1662]
PAR
. 11. Section
301.6338
-1 is amended to read as follows:
§301.6338-1
CERTIFICATE OF
SALE
; DEED OF
REAL
PROPERTY.
*
* * * * * *
(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.
PAR
. 12. Section
301.6339
is amended to read as follows:
§301.6339
STATUTORY PROVISIONS; LEGAL EFFECT OF CERTIFICATE OF
SALE
OF PERSONAL PROPERTY
AND
DEED OF
REAL
PROPERTY.
SEC
. 6339. LEGAL EFFECT OF CERTIFICATE OF
SALE
OF PERSONAL PROPERTY
AND
DEED OF
REAL
PROPERTY. * * *
(b)
DEED OF
REAL
PROPERTY. * * *
(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)]
PAR
. 13. Section 31.6343-1 is amended to read as follows:
§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.
PAR
. 14. Section
301.6402
-3, as amended by Treasury Decision 6292, approved
April 15, 19
58, is further amended to read as follows:
§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.
*
* * * * * *
PAR
. 15. Section
301.6412
, as amended by Treasury Decision 6292, approved
April 15, 19
58, is further amended to read as follows:
(1)
PASSENGER AUTOMOBILES,
ETC
.--Where before
July 1, 19
60, any article subject to the tax imposed by section 4061(a)(2)
has been sold by the manufacturer, producer, or importer and on
such date is held by a dealer and has not been used and is
intended for sale, there shall be credited or refunded (without
interest) to the manufacturer, producer, or importer an amount
equal to the difference between the tax paid by such manufacturer,
producer, or importer on his sale of the article and the amount of
tax made applicable to such article on and after
July 1, 19
60, if claim for such credit or refund is filed with the Secretary
or his delegate on or before
November 10, 19
60, based upon a request submitted to the manufacturer, producer,
or importer before
October 1, 19
60, by the dealer who held the article in respect of which the
credit or refund is claimed, and, on or before
November 10, 19
60, reimbursement has been made to such dealer by such
manufacturer, producer, or importer for the tax reduction on such
article or written consent has been obtained from such dealer to
allowance of such credit or refund.
*
* * * * * *
(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
June 30, 19
61, are held by the importer and intended for sale or other
disposition, there shall be refunded (without interest) to such
importer, subject to such regulations as may be prescribed by the
Secretary or his delegate, an amount equal to the tax paid with
respect to such sugar or articles composed in chief value of
sugar, if claim for such refund is filed with the Secretary or his
delegate on or before
September 30, 19
61.
*
* * * * * *
[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
May 29, 19
56 (Pub. Law 545, 84th Cong., 70 Stat. 221) [C.B. 1956-1, 887];
sec. 208(a), Highway Revenue Act 1956 (70 Stat. 392) [P.L. 627,
C.B. 1956-2, 1150]; sec. 3(b)(4), Tax Rate Extension Act 1957 (71
Stat. 10) [P.L. 85-12, C.B. 1957-1, 666]; sec. 3(b)(4), Tax Rate
Extension Act 1958 (72 Stat. 260) [P.L. 85-475, C.B. 1958-3, 73];
sec. 162(a), Excise Tax Technical Changes Act 1958 (72 Stat. 1306)
[P.L. 85-859, C.B. 1958-3, 92]; sec. 3(b)(3), Tax Rate Extension
Act 1959 (73 Stat. 158) [P.L. 86-75, page 679, this Bulletin]]
PAR
. 16. Section
301.6413
, as amended by Treasury Decision 6292, approved
April 15, 19
58, [C.B. 1958-1, 476], is further amended to read as follows:
§301.6413
STATUTORY PROVISIONS; SPECIAL RULES APPLICABLE TO CERTAIN
EMPLOYMENT TAXES.
SEC
. 6413. SPECIAL RULES APPLICABLE TO CERTAIN EMPLOYMENT TAXES. * *
*