Internal
Revenue Code 6324
Internal Revenue Code § 6324.
SPECIAL LIENS FOR ESTATE
AND
GIFT
TAXES.
6324(a) LIENS FOR ESTATE TAX. --Except as otherwise provided in
subsection (c) --
6324(a)(1) UPON GROSS ESTATE. --Unless the estate tax imposed by
chapter 11 is sooner paid in full, or becomes unenforceable by reason of
lapse of time, it shall be a lien upon the gross estate of the decedent
for 10 years from the date of death, except that such part of the gross
estate as is used for the payment of charges against the estate and
expenses of its administration, allowed by any court having jurisdiction
thereof, shall be divested of such lien.
6324(a)(2)
LIABILITY OF TRANSFEREES
AND
OTHERS. --
If
the estate tax imposed by chapter 11 is not paid when due, then the
spouse, transferee, trustee (except the trustee of an employees' trust
which meets the requirements of section
401(a)), surviving tenant, person in possession of the property by
reason of the exercise, nonexercise, or release of a power of
appointment, or beneficiary, who receives, or has on the date of the
decedent's death, property included in the gross estate under sections
2034 to 2042,
inclusive, to the extent of the value, at the time of the decedent's
death, of such property, shall be personally liable for such tax. Any
part of such property transferred by (or transferred by a transferee of)
such spouse, transferee, trustee, surviving tenant, person in
possession, or beneficiary, to a purchaser or holder of a security
interest shall be divested of the lien provided in paragraph (1) and a
like lien shall then attach to all the property of such spouse,
transferee, trustee, surviving tenant, person in possession, or
beneficiary, or transferee of any such person, except any part
transferred to a purchaser or a holder of a security interest.
6324(a)(3) CONTINUANCE AFTER DISCHARGE OF FIDUCIARY. --The provisions
of section
2204 (relating to discharge of fiduciary from personal liability)
shall not operate as a release of any part of the gross estate from the
lien for any deficiency that may thereafter be determined to be due,
unless such part of the gross estate (or any interest therein) has been
transferred to a purchaser or a holder of a security interest, in which
case such part (or such interest) shall not be subject to a lien or to
any claim or demand for any such deficiency, but the lien shall attach
to the consideration received from such purchaser or holder of a
security interest, by the heirs, legatees, devisees, or distributees.
6324(b) LIEN
FOR
GIFT
TAX. --
Except
as otherwise provided in subsection (c), unless the gift tax imposed by
chapter 12 is sooner paid in full or becomes unenforceable by reason of
lapse of time, such tax shall be a lien upon all gifts made during the
period for which the return was filed, for 10 years from the date the
gifts are made. If the tax is not paid when due, the donee of any gift
shall be personally liable for such tax to the extent of the value of
such gift. Any part of the property comprised in the gift transferred by
the donee (or by a transferee of the donee) to a purchaser or holder of
a security interest shall be divested of the lien imposed by this
subsection and such lien, to the extent of the value of such gift, shall
attach to all the property (including after-acquired property) of the
donee (or the transferee) except any part transferred to a purchaser or
holder of a security interest.
6324(c) EXCEPTIONS. --
6324(c)(1) The lien imposed by subsection (a) or (b) shall not be valid
as against a mechanic's lienor and, subject to the conditions provided
by section
6323(b) (relating to protection for certain interests even though
notice filed), shall not be valid with respect to any lien or interest
described in section
6323(b).
6324(c)(2) If a lien imposed by subsection (a) or (b) is not valid as
against a lien or security interest, the priority of such lien or
security interest shall extend to any item described in section
6323(e) (relating to priority of interest and expenses) to the
extent that, under local law, such item has the same priority as the
lien or security interest to which it relates.
