|
6339 - Code and Regulations |
||
|
|
||
|
|
6339 Code and Regulations |
|
|
Internal
Revenue Code - §6338 - CERTIFICATE OF 6339(a)
CERTIFICATE OF 6339(a)(1) AS EVIDENCE. --Shall be prima facie evidence of the right of the officer to make such sale, and conclusive evidence of the regularity of his proceedings in making the sale; and 6339(a)(2) AS CONVEYANCES. --Shall transfer to the purchaser all right, title, and interest of the party delinquent in and to the property sold; and 6339(a)(3) AS AUTHORITY FOR TRANSFER OF CORPORATE STOCK. --If such property consists of stocks, shall be notice, when received, to any corporation, company, or association of such transfer, and shall be authority to such corporation, company, or association to record the transfer on its books and records in the same manner as if the stocks were transferred or assigned by the party holding the same, in lieu of any original or prior certificate, which shall be void, whether canceled or not; and 6339(a)(4) AS RECEIPTS. --If the subject of sale is securities or other evidences of debt, shall be a good and valid receipt to the person holding the same, as against any person holding or claiming to hold possession of such securities or other evidences of debt; and 6339(a)(5) AS AUTHORITY FOR TRANSFER OF TITLE TO MOTOR VEHICLE. --If such property consists of a motor vehicle, shall be notice, when received, to any public official charged with the registration of title to motor vehicles, of such transfer and shall be authority to such official to record the transfer on his books and records in the same manner as if the certificate of title to such motor vehicle were transferred or assigned by the party holding the same, in lieu of any original or prior certificate, which shall be void, whether canceled or not. 6339(b)
DEED OF 6339(b)(1) DEED AS EVIDENCE. --The deed of sale given pursuant to section 6338 shall be prima facie evidence of the facts therein stated; and 6339(b)(2) DEED AS CONVEYANCE OF TITLE. --If the proceedings of the Secretary 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 the real property thus sold at the time the lien of the United States attached thereto. 6339(c)
EFFECT OF JUNIOR ENCUMBRANCES. --A
certificate of sale of personal property given or a deed to real
property executed pursuant to section 6338 shall discharge such
property from all liens, encumbrances, and titles over which the
lien of the 6339(d) CROSS REFERENCES. -- 6339(d)(1) For distribution of surplus proceeds, see section 6342(b). 6339(d)(2) For judicial procedure with respect to surplus proceeds, see section 7426(a)(2).
§301.6339-1., Legal
effect of certificate of sale of personal property and deed of
real property (a) Certificate of sale of property other than real property. --In all cases of sale pursuant to section 6335 of property (other than real property), the certificate of such sale -- (1) As evidence. --Shall be prima facie evidence of the right of the officer to make such sale, and conclusive evidence of the regularity of his proceedings in making the sale; and (2) As conveyance. --Shall transfer to the purchaser all right, title, and interest of the party delinquent in and to the property sold; and (3) As authority for transfer of corporate stock. --If such property consists of corporate stocks, shall be notice, when received, to any corporation, company, or association of such transfer, and shall be authority to such corporation, company, or association to record the transfer on its books and records in the same manner as if the stocks were transferred or assigned by the party holding the stock certificate, in lieu of any original or prior certificate, which shall be void, whether canceled or not; and (4) As receipts. --If the subject of sale is securities or other evidences of debt, shall be a good and valid receipt to the person holding the certificate of sale as against any person holding or claiming to hold possession of such securities or other evidences of debt; and (5) As authority for transfer of title to motor vehicle. --If such property consists of a motor vehicle, shall be notice, when received, to any public official charged with the registration of title to motor vehicles, of such transfer and shall be authority to such official to record the transfer on his books and records in the same manner as if the certificate of title to such motor vehicle were transferred or assigned by the party holding the certificate of title, in lieu of any original or prior certificate, which shall be null and void, whether canceled or not. (b) Deed to real property. --In the case of the sale of real property pursuant to section 6335 -- (1) Deed as evidence. --The deed of sale given pursuant to section 6338 shall be prima facie evidence of the facts therein stated; and (2) Deed as
conveyance of title. --If
the proceedings of the district director 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 the real
property thus sold at the time the lien of the United States
attached thereto. (c) Effect
of junior encumbrances. --A certificate of sale of
personal property given or a deed to real property executed
pursuant to section 6338 discharges the property from all liens,
encumbrances, and titles over which the lien of the United States,
with respect to which the levy was made, has priority. For
example, a mortgage on real property executed after a notice of a
federal tax lien has been filed is extinguished when the district
director executes a deed to the real property to a purchaser
thereof at a sale pursuant to section 6335 following the seizure
of the property by the
Treasury
Decision 7180 1,
1972-1 CB 386 On PARAGRAPH
1. Section §301.6331 Statutory provisions; levy and distraint. Sec. 6331. Levy and distraint. * * * (b) Seizure and sale of property. The term "levy" as used in this title includes the power of distraint and seizure by any means. A levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the Secretary or his delegate may levy upon property or rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible or intangible). *
* * * * §301.6331-1 Levy and distraint. (a) Authority to levy--(1) In general. If any person liable to pay any tax neglects or refuses to pay such tax within 10 days after notice and demand, the district director to whom the assessment is charged or, upon his request, any other district director may proceed to collect the tax by levy upon any property, or rights to property, whether real or personal, tangible or intangible, either belonging to such person or with respect to which there is a lien provided by section 6321 or 6324 (or the corresponding provision of prior law) for the payment of such tax. As used in section 6331 and this section, the term "tax" includes any interest, additional amount, addition to tax, or assessable penalty, together with any costs and expenses that may accrue in addition thereto. For exemption of certain property from levy, see section 6334 and the regulations thereunder. Property subject to a Federal tax lien, which has been sold or otherwise transferred by the taxpayer, may be seized while in the hands of the transferee or of any subsequent transferee. However, see provisions under sections 6323 and 6324(a)(2) and (b) for protection of certain transferees against a Federal tax lien. Levy may be made by serving a notice of levy on any person in possession of, or obligated with respect to, property or rights to property subject to levy including receivables, bank accounts, evidences of debt, securities, and accrued salaries, wages, commissions, and other compensation. A levy extends only to property possessed and obligations which exist at the time of the levy. Obligations exist when the liability of the obligor is fixed and determinable although the right to receive payment thereof may be deferred until a later date. For example, if a wage earner is paid on the Wednesday following the close of each workweek, a levy made upon his employer on Monday would reach his wages due for the prior workweek, although the employer need not satisfy the levy by paying over such amount to the district director until Wednesday. Similarly, a levy only reaches property subject to levy in the possession of the person levied upon at the time the levy is made. If, for example, a levy is made on a bank with respect to the account of a delinquent taxpayer and the bank surrenders to the district director the amount of the taxpayer's balance at the time the levy is made, the levy is satisfied. The levy has no effect upon any subsequent deposit made in the bank by the taxpayer. Subsequent deposits may be reached only by a subsequent levy on the bank. *
* * * * §301.6332 Statutory provisions; surrender of property subject to levy. Sec. 6332. Surrender of property subject to levy--(a) Requirement. Except as otherwise provided in subsection (b), any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Secretary or his delegate, surrender such property or rights (or discharge such obligation) to the Secretary or his delegate, except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process. (b) Special rule for life insurance and endowment contracts--(1) In general. A levy on an organization with respect to a life insurance or endowment contract issued by such organization shall, without necessity for the surrender of the contract document, constitute a demand by the Secretary or his delegate for payment of the amount described in paragraph (2) and the exercise of the right of the person against whom the tax is assessed to the advance of such amount. Such organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a certification by the Secretary or his delegate that a copy of such notice has been mailed to the person against whom the tax is assessed at his last known address. (2) Satisfaction of levy. Such levy shall be deemed to be satisfied if such organization pays over to the Secretary or his delegate the amount which the person against whom the tax is assessed could have had advanced to him by such organization on the date prescribed in paragraph (1) for the satisfaction of such levy, increased by the amount of any advance (including contractual interest thereon) made to such person on or after the date such organization had actual notice or knowledge (within the meaning of section 6323(i)(1)) of the existence of the lien with respect to which such levy is made, other than an advance (including contractual interest thereon) made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge. (3) Enforcement proceedings. The satisfaction of a levy under paragraph (2) shall be without perjudice to any civil action for the enforcement of any lien imposed by this title with respect to such contract. (c) Enforcement of levy--(1) Extent of personal liability. Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Secretary or his delegate, shall be liable in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of taxes for the collection of which such levy has been made, together with costs and interest on such sum at the rate of 6 percent per annum from the date of such levy. Any amount (other than costs) recovered under this paragraph shall be credited against the tax liability for the collection of which such levy was made. (2) Penalty for violation. In addition to the personal liability imposed by paragraph (1), if any person required to surrender property or rights to property fails or refuses to surrender such property or rights to property without reasonable cause, such person shall be liable for a penalty equal to 50 percent of the amount recoverable under paragraph (1). No part of such penalty shall be credited against the tax liability for the collection of which such levy was made. (d) Effect of honoring levy. Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made who, upon demand by the Secretary or his delegate, surrenders such property or rights to property (or discharges such obligation) to the Secretary or his delegate (or who pays a libility under subsection (c)(1)) shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property or rights to property arising from such surrender or payment. In the case of a levy which is satisfied pursuant to subsection (b), such organization shall also be discharged from any obligation or liability to any beneficiary arising from such surrender or payment. (e) Person defined. The term "person," as used in subsection (a), includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to surrender the property or rights to property, or to discharge the obligation. [Sec.
6332 as amended by sec. 104(b), Federal Tax Lien Act of 1966 (80
Stat. 1135) [P.L. 89-719, C.B. 1966-2, 623]] §301.6332-1 Surrender of property subject to levy. (a) Requirement--(1) In general. Except as otherwise provided in §301.6332-2, relating to levy in the case of life insurance and endowment contracts, any person in possession of (or obligated with respect to) property or rights to property subject to levy and upon which a levy has been made shall, upon demand of the district director, surrender the property or rights (or discharge the obligation) to the district director, except that part of the property or rights (or obligation) which, at the time of the demand, is actually or constructively under the jurisdiction of a court because of an attachment or execution under any judicial process. *
* * * * (b) Enforcement of levy--(1) Extent of personal liability. Any person who, upon demand of the district director, fails or refuses to surrender any property or right to property subject to levy is liable under the provisions of section 6332(c)(1) in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of the taxes for the collection of which the levy has been made, together with costs and interest on such sum at the rate of 6 percent per annum from the date of the levy. Any amount, other than costs, recovered under section 6332(c)(1) shall be credited against the tax liability for the collection of which the levy was made. (2) Penalty for violation. In addition to the personal liability described in subparagraph (1) of this paragraph, any person who is required to surrender property or rights to property and who fails or refuses to surrender them without reasonable cause is liable for a penalty equal to 50 percent of the amount recoverable under section 6332(c)(1). No part of the penalty described in this subparagraph shall be credited against the tax liability for the collection of which the levy was made. The penalty described in this subparagraph is not applicable in cases where bona fide dispute exists concerning the amount of the property to be surrendered pursuant to a levy or concerning the legal effectiveness of the levy. However, if a court in a later enforcement suit sustains the levy, then reasonable cause would usually not exist to refuse to honor a later levy made under similar circumstances. (c) Effect
of honoring levy. Any person in possession of, or obligated
with respect to, property or rights to property subject to levy
and upon which a levy has been made who, upon demand by the
district director, surrenders the property or rights to property,
or discharges the obligation, to the district director, or who
pays a liability described in paragraph (b)(1) of this section, is
discharged from any obligation or liability to the delinquent
taxpayer with respect to the property or rights to property
arising from the surrender or payment. If an insuring organization
satisfies a levy with respect to a life insurance or endowment
contract in accordance with §301.6332-2, the insuring
organization is discharged from any obligation or liability to any
beneficiaries of the contract arising from the surrender or
payment. Also, it is discharged from any obligation or liability
to the insured or other owner. Any person who mistakenly
surrenders to the United States property or rights to property not
properly subject to levy is not relieved from liability to a third
party who owns the property. The owners of mistakenly surrendered
property may, however, secure from the (d) Person defined. The term "person," as used in section 6332(a) and this section, includes an officer or employee of a corporation or a member or employee of a partnership, who is under a duty to surrender the property or rights to property or to discharge the obligation. In the case of a levy upon the salary or wages of an officer, employee, or elected or appointed official of the United States, the District of Columbia, or any agency or instrumentality of either, the term "person" includes the officer or employee of the United States, of the District of Columbia, or of such agency or instrumentality who is under a duty to discharge the obligation. A to the officer or employee who is under such duty, see paragraph (a)(4)(i) of §301.6331-1. §301.6332-2 Surrender of property subject to levy in the case of life insurance and endowment contracts. (a) In general. This section provides special rules relating to the surrender of property subject to levy in the case of life insurance and endowment contracts. The provisions of §301.6332-1 which relate generally to the surrender of property subject to levy apply, to the extent not inconsistent with the special rules set forth in this section, to a levy in the case of life insurance and endowment contracts. (b) Effect of service of notice of levy--(1) In general. A notice of levy served by a district director on an insuring organization with respect to a life insurance or endowment contract issued by the organization shall constitute-- (i) A demand by the district director for the payment of the cash loan value of the contract adjusted in accordance with paragraph (c) of this section, and (ii) The exercise of the right of the person against whom the tax is assessed to the advance of such cash loan value. It
is unnecessary for the district director to surrender the contract
document to the insuring organization upon which the levy is made.
However, the notice of levy will include a certification by the
district director that a copy of the notice of levy has been
mailed to the person against whom the tax is assessed at his last
known address. At the time of service of the notice of levy, the
levy is effective with respect to the cash loan value of the
insurance contract, subject to the condition that if the levy is
not satisfied or released before the 90th day after the date of
service, the levy can be satisfied only by payment of the amount
described in paragraph (c) of this section. Other than
satisfaction or release of the levy, no event during the 90-day
period subsequent to the date of service of the notice of levy
shall release the cash loan value from the effect of the levy. For
example, the termination of the policy by the taxpayer or by the
death of the insured during such 90-day period shall not release
the levy. For the rules relating to the time when the insuring
organization is to pay over the required amount, see paragraph (c)
of this section. (2) Notification of amount subject to levy--(i) Full payment before the 90th day. In the event that the unpaid liability to which the levy relates is satisfied at any time during the 90-day period subsequent to the date of service of the notice of levy, the district director will promptly give the insuring organization written notification that the levy is released. (ii) Notification after the 90th day. In the event that notification is not given under subdivision (i) of this subparagraph, the district director will, promptly following the 90th day after service of the notice of levy, give the insuring organization written notification of the current status of all accounts listed on the notice of levy, and of the total payments received since service of the notice of levy. This notification will be given to the insuring organization whether or not there has been any change in the status of the accounts. (c) Satisfaction of levy--(1) In general. The levy described in paragraph (b) of this section with respect to a life insurance or endowment contract shall be deemed to be satisfied if the insuring organization pays over to the district director the amount which the person against whom the tax is assessed could have had advanced to him by the organization on the 90th day after service of the notice of levy on the organization. However, this amount is increased by the amount of any advance (including contractual interest thereon), generally called a policy loan, made to the person on or after the date the organization has actual notice or knowledge, within the meaning of section 6323(i)(1), of the existence of the tax lien with respect to which the levy is made. The insuring organization may, nevertheless, make an advance (including contractual interest thereon), generally called an automatic premium loan, made automatically to maintain the contract in force under an agreement entered into before the organization has such actual notice or knowledge. In any event, the amount paid to the district director by the insuring organization is not to exceed the amount of the unpaid liability shown on the notification described in paragraph (b)(2) of this section. The amount, determined in accordance with the provisions of this section, subject to the levy shall be paid to the district director by the insuring organization promptly after receipt of the notification described in paragraph (b)(2). The satisfaction of a levy with respect to a life insurance or endowment contract will not discharge the contract from the tax lien. However, see section 6323(b)(9)(C) and the regulations thereunder concerning the liability of an insurance company after satisfaction of a levy with respect to a life insurance or endowment contract. If the person against whom the tax is assessed so directs, the insuring organization, on a date before the 90th day after service of the notice by levy, may satisfy the levy by paying over an amount computed in accordance with the provisions of this subparagraph substituting such date for the 90th day. In the event of termination of the policy by the taxpayer or by the death of the insured on a date before the 90th day after service of the notice of levy, the amount to be paid over to the district director by the insuring organization in satisfaction of the levy shall be an amount computed in accordance with the provisions of this subparagraph substituting the date of termination of the policy or the date of death for the 90th day. (2) Examples. The provisions of this section may be illustrated by the following examples: Example
(1). On Example
(2). Assume the same facts as in example (1) except that on
Example
(3). Assume the same facts as in example (1) except that
the insurance contract does not contain an automatic premium
advance provision. The contract does provide that, upon default in
the payment of premiums, the policy shall automatically be
converted to paid-up term insurance with no cash or loan value. A
fails to make the premium payment of $200 due on (d) Other
enforcement proceedings. The satisfaction of the levy
described in paragraph (b) of this section by an insuring
organization shall be without prejudice to any civil action for
the enforcement of any Federal tax lien with respect to a life
insurance or endowment contract. Thus, this levy procedure is not
the exclusive means of subjecting the life insurance and endowment
contracts of the person against whom a tax is assessed to the
collection of his unpaid assessment. The (e) Cross references. (1) For provisions relating to priority of certain advances with respect to a life insurance or endowment contract after satisfaction of a levy pursuant to section 6332(b), see section 6323(b)(9) and the regulations thereunder. (2) For provisions relating to the issuance of a certificate of discharge of a life insurance or endowment contract subject to a tax lien, see section 6325(b) and the regulations thereunder. §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 unemployment (including any portion thereof payable with respect to dependents) under an unemployment compensation law of the United States, or any State, or of the District of Columbia or of the Commonwealth of Puerto Rico. *
* * * * (6) Certain annuity and pension payments. Annuity or pension payments under the Railroad Retirement Act, benefits under the Railroad Unemployment Insurance Act, special pension payments received by a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor roll (38 U.S.C. 562), and annuities based on retired or retainer pay under chapter 73 of title 10 of the United States Code. (7) Workmen's compensation. Any amount payable to an individual as workmen's compensation (including any portion thereof payable with respect to dependents) under a workmen's compensation law of the United States, any State, the District of Columbia, or the Commonwealth of Puerto Rico. *
* * * * §301.6334-1 Property exempt from levy. (a) Enumeration. * * * (2) Fuel, provisions, furniture, and personal effects. If the taxpayer is the head of a family, so much of the fuel, provisions, furniture, and personal effects in his household, and of the arms for personal use, livestock, and poultry of the taxpayer, as does not exceed $500 in value. For purposes of this provision, an individual who is the only remaining member of a family and who lives alone is not the head of a family. (3) Books and tools of a trade, business or profession. So many of the books and tools necessary for the trade, business, or profession of an individual taxpayer as do not exceed in the aggregate $250 in value. (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 of the District of Columbia or of the Commonwealth of Puerto Rico. *
* * * * (6) Certain annuity and pension payments. Annuity or pension payments under the Railroad Retirement Act (45 U.S.C. ch. 9), benefits under the Railroad Unemployment Insurance Act (45 U.S.C. ch. 11), special pension payments received by a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Henor roll (38 U.S.C. 562), and annuities based on retired or retainer pay under chapter 73 of title 10 of the United States Code. (7) Workmen's compensation. Any amount payable to an individual as workmen's compensation (including any portion thereof payable with respect to dependents) under a workmen's compensation law of the United States, any State, the District of Columbia, or the Commonwealth of Puerto Rico. *
* * * * (c) Other property. 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. §301.6335 Statutory provisions; sale of seized property. Sec.
6335. (b) Notice of sale. The Secretary or his delegate shall as soon as practicable after the seizure of the property give notice to the owner, in the manner prescribed in subsection (a), and shall cause a notification to be published in some newspaper published or generally circulated within the county wherein such seizure is made, or if there be no newspaper published or generally circulated in such county, shall post such notice at the post office nearest the place where the seizure is made, and in not less than two other public places. Such notice shall specify the property to be sold, and the time, place, manner, and conditions of the sale thereof. Whenever levy is made without regard to the 10-day period provided in section 6331(a), public notice of sale of the property seized shall not be made within such 10-day period unless section 6336 (relating to sale of perishable goods) is applicable. *
* * * * §301.6335-1 Sale of seized property. *
* * * * (b) Notice of sale. (1) As soon as practicable after seizure of the property, the district director shall give notice of sale in writing to the owner. Such notice shall be delivered to the owner or left at his usual place of abode or business if located within the internal revenue district where the seizure is made. If the owner cannot be readily located, or has no dwelling or place of business within such district, the notice may be mailed to his last known address. The notice shall specify the property to be sold, and the time, place, manner, and conditions of the sale thereof, and shall expressly state that only the right, title, and interest of the delinquent taxpayer in and to such property is to be offered for sale. The notice shall also be published in some newspaper published in the county wherein the seizure is made or in a newspaper generally circulated in that county. For example, if a newspaper of general circulation in a county but not published in that county will reach more potential bidders for the property to be sold than a newspaper published within the county, or if there is a newspaper of general circulation within the county but no newspaper published within the county, the district director may cause public notice of the sale to be given in the newspaper of general circulation within the county. If there is no newspaper published or generally circulated in the county, the notice shall be posted at the post office nearest the place where the seizure is made, and in not less than two other public places. *
* * * * §301.6337 Statutory provisions; redemption of property. Sec. 6337. Redemption of property. * * * (b) Redemption of real estate after sale--(1) Period. The owners of any real property sold as provided in section 6335, their heirs, executors, or administrators, or any person having any interest therein, or a lien thereon, or any person in their behalf, shall be permitted to redeem the property sold, or any particular tract of such property, at any time within 120 days after the sale thereof. *
* * * * §301.6337-1 Redemption of property. *
* * * * (b) Redemption of real estate after sale--(1) Period. The owner of any real estate sold as provided in section 6335, his heirs, executors, or administrators, or any person having any interest therein, or a lien thereon, or any person in their behalf, shall be permitted to redeem the property sold, or any particular tract of such property, at any time within 120 days after the sale thereof. *
* * * * §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, and without delay cause such 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) [P.L. 85-866, C.B. 1958-3, 254]; sec. 104(f), Federal
Tax Lien Act of 1966 (80 Stat. 1137) [P.L. 89-719, C.B. 1966-2,
623]] §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 and 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 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. * * * (c) Effect of junior encumbrances. A certificate of sale of personal property given or a deed to real property executed pursuant to section 6338 shall discharge such property from all liens, encumbrances, and titles over which the lien of the United States with respect to which the levy was made had priority. (d) Cross references. (1) For distribution of surplus proceeds, see section 6342(b). (2) For judicial procedure with respect to surplus proceeds, see section 7426(a)(2). [Sec.
6339 as amended by sec. 79, Technical Amendments Act 1958 (72
Stat. 1662) [P.L. 85-866, C.B. 1958-3, 254]; sec. 104(g), Federal
Tax Lien Act of 1966 (80 Stat. 1137) [P.L. 89-719, C.B. 1966-2,
623]] Par. 15.
Section §301.6339-1 Legal effect of certificate of sale of personal property and deed of real property. *
* * * * (c) Effect of junior encumbrances. A certificate of sale of personal property given or a deed to real property executed pursuant to section 6338 discharges the property from all liens, encumbrances, and titles over which the lien of the United States, with respect to which the levy was made, has executed after a notice of a federal tax lien has been filed is extinguished when the district director executes a deed to the real property to a purchaser thereof at a sale pursuant to section 6335 following the seizure of the property by the United States. The proceeds of such a sale are distributed in accordance with priority of the liens, encumbranches, or titles. See section 6342(b) and the regulations thereunder for provisions relating to the distribution of surplus proceeds. See section 7426(a)(2) and the regulations thereunder for judicial procedures with respect to surplus proceeds. §301.6342 Statutory provisions; application of proceeds of levy. Sec. 6342. Application of proceeds of levy--(a) Collection of liability. Any money realized by proceedings under this subchapter (whether by seizure, by surrender under section 6332 (except pursuant to subsection (c)(2) thereof), or by sale of seized property) or by sale of property redeemed by the United States (if the interest of the United States in such property was a lien arising under the provisions of this title) shall be applied as follows: (1) Expense of levy and sale. First, against the expenses of the proceedings; *
* * * * (3) Liability of delinquent taxpayer. The amount, if any, remaining after applying paragraphs (1) and (2) shall then be applied against the liability in respect of which the levy was made or the sale was conducted. *
* * * * §301.6342-1 Application of proceeds of levy. (a) Collection of liability. Any money realized by proceedings under subchapter D, chapter 64, of the Code or by sale of property redeemed by the United States (if the interest of the United States in the property was a lien arising under the provisions of the Internal Revenue Code) is applied in the manner specified in subparagraphs (1), (2), and (3) of this paragraph. Money realized by proceedings under subchapter D, chapter 64, of the Code includes money realized by seizure, by sale of seized property, or by surrender under section 6332 (except money realized by the imposition of a 50% penalty pursuant to section 6332(c)(2)). (1) Expense of levy and sale. First, against the expenses of the proceedings or sale, including expenses allowable under section 6341 and amounts paid by the United States to redeem property. *
* * * * (3) Liability of delinquent taxpayer. The amount, if any, remaining after applying subparagraphs (1) and (2) of this paragraph shall then be applied against the liability in respect of which the levy was made or the sale of redeemed property was conducted. *
* * * * §301.6343 Statutory provisions; authority to release levy and return property. Sec. 6343. Authority to release levy and return property--(a) Release of levy. It shall be lawful for the Secretary or his delegate, under regulations prescribed by the Secretary or his delegate, to release the levy upon all or part of the property or rights to property levied upon where the Secretary or his delegate determines that such action will facilitate the collection of the liability, but such release shall not operate to prevent any subsequent levy. (b) Return of property. If the Secretary or his delegate determines that property has been wrongfully levied upon, it shall be lawful for the Secretary or his delegate to return-- (1) The specific property levied upon, (2) An amount of money equal to the amount of money levied upon, or (3) An amount of money equal to the amount of money received by the United States from a sale of such property. Property
may be returned at any time. An amount equal to the amount of
money levied upon or received from such sale may be returned at
any time before the expiration of 9 months from the date of such
levy. For purposes of paragraph (3), if property is declared
purchased by the United States at a sale pursuant to section
6335(e) (relating to manner and conditions of sale), the United
States shall be treated as having received an amount of money
equal to the minimum price determined pursuant to such section or
(if larger) the amount received by the United States from the
resale of such property. §301.6343-1 Authority to release levy and return property. (a) Release of levy--(1) Authority. The district director may release the levy upon all or part of the property or rights to property levied upon as provided in subparagraphs (2) and (3) of this paragraph. A levy may be released under subparagraph (2) of this paragraph 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 subparagraph (3) of this paragraph is considered to facilitate the collection of the liability. The release under this section shall not operate to prevent any subsequent levy. (2) Conditions for release. The district director may release the levy as authorized under subparagraph (1) of this paragraph, if-- (i) Escrow arrangement. The delinquent taxpayer offers a satisfactory arrangement, which is accepted by the district director, for placing property in escrow to secure the payment of the liability (including the expenses of levy) which is the basis of the levy. (ii) Bond. The delinquent taxpayer delivers an acceptable bond to the district director conditioned upon the payment of the liability (including the expenses of levy) which is the basis of the levy. Such bond shall be in the form provided in section 7101 and §301.7101-1. (iii) Payment of amount of U.S. interest in the property. There is paid to the district director an amount determined by him to be equal to the interest of the United States in the seized property or the part of the seized property to be released. (iv) Assignment of salaries and wages. The delinquent taxpayer executes an agreement directing his employer to pay to the district director amounts deducted from the employee's wages on a regular, continuing, or periodic basis, in such manner and in such amount as is agreed upon with the district director, until the full amount of the liability is satisfied, and such agreement is accepted by the employer. (v) Installment payment arrangement. The delinquent taxpayer makes satisfactory arrangements with the district director to pay the amount of the liability in installments. (vi) Extension of statute of limitations. The delinquent taxpayer executes an agreement to extend the statute of limitations in accordance with section 6502(a)(2) and §301.6502-1. (3) 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 subparagraph (1) of this paragraph 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. (b) Return of property--(1) General rule. If the district director determines that property has been wrongfully levied upon, the district director may return-- (i) The specific property levied upon, (ii) An amount of money equal to the amount of money levied upon (without interest), or (iii) An amount of money equal to the amount of money received by the United States from a sale of the property (without interest). If the United States is in possession of specific property, the property may be returned at any time. An amount equal to the amount of money levied upon or received from a sale of the property may be returned at any time before the expiration of 9 months from the date of the levy. When a request described in subparagraph (2) of this paragraph is filed for the return of property before the expiration of 9 months from the date of levy, an amount of money may be returned after a reasonable period of time subsequent to the expiration of the 9-month period if necessary for the investigation and processing of such request. In cases where money is specifically identifiable, as in the case of a coin collection which may be worth substantially more than its face value, the money will be treated as specific property and, whenever possible, this specific property will be returned. For purposes of subparagraph (1)(iii) of this paragraph, if property is declared purchased by the United States at a sale pursuant to section 6335(e), the United States is treated as having received an amount of money equal to the minimum price determined by the district director before the sale or, if larger, the amount received by the United States from the resale of the property. (2) Request for return of property. A written request for the return of property wrongfully levied upon shall be addressed to the district director (marked for the attention of the chief, special procedures staff) for the internal revenue district in which the levy was made. The written request shall contain the following information: (i) The name and address of the person submitting the request, (ii) A detailed description of the property levied upon, (iii) A description of the claimant's basis for claiming an interest in the property levied upon, and (iv) The name and address of the taxpayer, the originating internal revenue district, and the date of lien or levy as shown on the Notice of Tax Lien (Form 668), Notice of Levy (Form 668-A), or Levy (Form 668-B) or, in lieu thereof, a statement of the reasons why such information cannot be furnished. (3) Inadequate
request. Any request made prior to (This Treasury decision is issued under the authority contained in section 7805 of the Internal Revenue Code of 1954 (68A Stat. 917; 26 U.S.C. 7805).) JOHNNIE
M. WALTERS, |