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26 U.S.C. § 6343 — Authority to release levy and return property
Federal law — U.S. Code and appendices · legal_authorities
**(a) Release of levy and notice of release**
(1) **In general** — Under regulations prescribed by the Secretary, the Secretary shall release the levy upon all, or part of, the property or rights to property levied upon and shall promptly notify the person upon whom such levy was made (if any) that such levy has been released if—
(A) the liability for which such levy was made is satisfied or becomes unenforceable by reason of lapse of time,
(B) release of such levy will facilitate the collection of such liability,
(C) the taxpayer has entered into an agreement under section 6159 to satisfy such liability by means of installment payments, unless such agreement provides otherwise,
(D) the Secretary has determined that such levy is creating an economic hardship due to the financial condition of the taxpayer, or
(E) the fair market value of the property exceeds such liability and release of the levy on a part of such property could be made without hindering the collection of such liability.
For purposes of subparagraph (C), the Secretary is not required to release such levy if such release would jeopardize the secured creditor status of the Secretary.
(2) **Expedited determination on certain business property** — In the case of any tangible personal property essential in carrying on the trade or business of the taxpayer, the Secretary shall provide for an expedited determination under paragraph (1) if levy on such tangible personal property would prevent the taxpayer from carrying on such trade or business.
(3) **Subsequent levy** — The release of levy on any property under paragraph (1) shall not prevent any subsequent levy on such property.
**(b) Return of property** If the Secretary determines that property has been wrongfully levied upon, it shall b
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Source file: Laws/federal/codes/united-states-code/title-26/section-6343-authority-to-release-levy-and-return-property--a5f1917fb9.md
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Source location: Title 26, Chapter 64, § 6343; chapter-064-collection.md
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**(a) Release of levy and notice of release**
(1) **In general** — Under regulations prescribed by the Secretary, the Secretary shall release the levy upon all, or part of, the property or rights to property levied upon and shall promptly notify the person upon whom such levy was made (if any) that such levy has been released if—
(A) the liability for which such levy was made is satisfied or becomes unenforceable by reason of lapse of time,
(B) release of such levy will facilitate the collection of such liability,
(C) the taxpayer has entered into an agreement under section 6159 to satisfy such liability by means of installment payments, unless such agreement provides otherwise,
(D) the Secretary has determined that such levy is creating an economic hardship due to the financial condition of the taxpayer, or
(E) the fair market value of the property exceeds such liability and release of the levy on a part of such property could be made without hindering the collection of such liability.
For purposes of subparagraph (C), the Secretary is not required to release such levy if such release would jeopardize the secured creditor status of the Secretary.
(2) **Expedited determination on certain business property** — In the case of any tangible personal property essential in carrying on the trade or business of the taxpayer, the Secretary shall provide for an expedited determination under paragraph (1) if levy on such tangible personal property would prevent the taxpayer from carrying on such trade or business.
(3) **Subsequent levy** — The release of levy on any property under paragraph (1) shall not prevent any subsequent levy on such property.
**(b) Return of property** If the Secretary determines that property has been wrongfully levied upon, it shall be lawful for the Secretary 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 2 years 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.
**(c) Interest** Interest shall be allowed and paid at the overpayment rate established under section 6621—
(1) in a case described in subsection (b)(2), from the date the Secretary receives the money to a date (to be determined by the Secretary) preceding the date of return by not more than 30 days, or
(2) in a case described in subsection (b)(3), from the date of the sale of the property to a date (to be determined by the Secretary) preceding the date of return by not more than 30 days.
**(d) Return of property in certain cases** If—
(1) any property has been levied upon, and
(2) the Secretary determines that—
(A) the levy on such property was premature or otherwise not in accordance with administrative procedures of the Secretary,
(B) the taxpayer has entered into an agreement under section 6159 to satisfy the tax liability for which the levy was imposed by means of installment payments, unless such agreement provides otherwise,
(C) the return of such property will facilitate the collection of the tax liability, or
(D) with the consent of the taxpayer or the National Taxpayer Advocate, the return of such property would be in the best interests of the taxpayer (as determined by the National Taxpayer Advocate) and the United States,
the provisions of subsection (b) shall apply in the same manner as if such property had been wrongly levied upon, except that no interest shall be allowed under subsection (c).
**(e) Release of levy upon agreement that amount is not collectible** In the case of a levy on the salary or wages payable to or received by the taxpayer, upon agreement with the taxpayer that the tax is not collectible, the Secretary shall release such levy as soon as practicable.
**(f) Individuals held harmless on wrongful levy, etc.11 So in original. Probably should be followed by a comma. on retirement plan**
(1) **In general** — If the Secretary determines that an individual’s account or benefit under an eligible retirement plan (as defined in section 402(c)(8)(B)) has been levied upon in a case to which subsection (b) or (d)(2)(A) applies and property or an amount of money is returned to the individual—
(A) the individual may contribute such property or an amount equal to the sum of—
(i) the amount of money so returned by the Secretary, and
(ii) interest paid under subsection (c) on such amount of money,
into such eligible retirement plan if such contribution is permitted by the plan, or into an individual retirement plan (other than an endowment contract) to which a rollover contribution of a distribution from such eligible retirement plan is permitted, but only if such contribution is made not later than the due date (not including extensions) for filing the return of tax for the taxable year in which such property or amount of money is returned, and
(B) the Secretary shall, at the time such property or amount of money is returned, notify such individual that a contribution described in subparagraph (A) may be made.
(2) **Treatment as rollover** — The distribution on account of the levy and any contribution under paragraph (1) with respect to the return of such distribution shall be treated for purposes of this title as if such distribution and contribution were described in section 402(c), 402A(c)(3), 403(a)(4), 403(b)(8), 408(d)(3), 408A(d)(3), or 457(e)(16), whichever is applicable; except that—
(A) the contribution shall be treated as having been made for the taxable year in which the distribution on account of the levy occurred, and the interest paid under subsection (c) shall be treated as earnings within the plan after the contribution and shall not be included in gross income, and
(B) such contribution shall not be taken into account under section 408(d)(3)(B).
(3) **Refund, etc., of income tax on levy**
(A) *In general* — If any amount is includible in gross income for a taxable year by reason of a distribution on account of a levy referred to in paragraph (1) and any portion of such amount is treated as a rollover contribution under paragraph (2), any tax imposed by chapter 1 on such portion shall not be assessed, and if assessed shall be abated, and if collected shall be credited or refunded as an overpayment made on the due date for filing the return of tax for such taxable year.
(B) *Exception* — Subparagraph (A) shall not apply to a rollover contribution under this subsection which is made from an eligible retirement plan which is not a Roth IRA or a designated Roth account (within the meaning of section 402A) to a Roth IRA or a designated Roth account under an eligible retirement plan.
(4) **Interest** — Notwithstanding subsection (d), interest shall be allowed under subsection (c) in a case in which the Secretary makes a determination described in subsection (d)(2)(A) with respect to a levy upon an individual retirement plan.
(5) **Treatment of inherited accounts** — For purposes of paragraph (1)(A), section 408(d)(3)(C) shall be disregarded in determining whether an individual retirement plan is a plan to which a rollover contribution of a distribution from the plan levied upon is permitted.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Commissioner of Internal Revenue**
(1) **Appointment**
(A) *In general* — There shall be in the Department of the Treasury a Commissioner of Internal Revenue who shall be appointed by the President, by and with the advice and consent of the Senate. Such appointment shall be made from individuals who, among other qualifications, have a demonstrated ability in management.
(B) *Term* — The term of the Commissioner of Internal Revenue shall be a 5-year term, beginning with a term to commence on November 13, 1997. Each subsequent term shall begin on the day after the date on which the previous term expires.
(C) *Vacancy* — Any individual appointed as Commissioner of Internal Revenue during a term as defined in subparagraph (B) shall be appointed for the remainder of that term.
(D) *Removal* — The Commissioner may be removed at the will of the President.
(E) *Reappointment* — The Commissioner may be appointed to serve more than one term.
(2) **Duties** — The Commissioner shall have such duties and powers as the Secretary may prescribe, including the power to—
(A) administer, manage, conduct, direct, and supervise the execution and application of the internal revenue laws or related statutes and tax conventions to which the United States is a party; and
(B) recommend to the President a candidate for appointment as Chief Counsel for the Internal Revenue Service when a vacancy occurs, and recommend to the President the removal of such Chief Counsel.
If the Secretary determines not to delegate a power specified in subparagraph (A) or (B), such determination may not take effect until 30 days after the Secretary notifies the Committees on Ways and Means, Government Reform and Oversight, and Appropriations of the House of Representatives and the Commit
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 7803
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Suits by taxpayers for refund**
(1) **General rule** — No suit or proceeding under section 7422(a) for the recovery of any internal revenue tax, penalty, or other sum, shall be begun before the expiration of 6 months from the date of filing the claim required under such section unless the Secretary renders a decision thereon within that time, nor after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates.
(2) **Extension of time** — The 2-year period prescribed in paragraph (1) shall be extended for such period as may be agreed upon in writing between the taxpayer and the Secretary.
(3) **Waiver of notice of disallowance** — If any person files a written waiver of the requirement that he be mailed a notice of disallowance, the 2-year period prescribed in paragraph (1) shall begin on the date such waiver is filed.
(4) **Reconsideration after mailing of notice** — Any consideration, reconsideration, or action by the Secretary with respect to such claim following the mailing of a notice by certified mail or registered mail of disallowance shall not operate to extend the period within which suit may be begun.
(5) **Cross reference** — For substitution of 120-day period for the 6-month period contained in paragraph (1) in a title 11 case, see [section 505(a)(2) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section505/a/2&num=0&edition=prelim) of the United States Code.
**(b) Suits by United States for recovery of erroneous refunds** Recovery of an erroneous refund by suit under section 7405 shall be allowed only if such suit is begun within 2 years after the making
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6532
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary** If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section.
**(b) Seizure and sale of property** The term “levy” as used in this title includes the power of distraint and seizure by any means. Except as otherwise provided in subsection (e), a levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the Secretary 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).
**(c) Successive seizures** Whenever any property or right to property upon which levy has been made by virtue of subsection (a) is not sufficient to satisfy the claim of the Un
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purchasers, holders of security interests, mechanic’s lienors, and judgment lien creditors** The lien imposed by section 6321 shall not be valid as against any purchaser, holder of a security interest, mechanic’s lienor, or judgment lien creditor until notice thereof which meets the requirements of subsection (f) has been filed by the Secretary.
**(b) Protection for certain interests even though notice filed** Even though notice of a lien imposed by section 6321 has been filed, such lien shall not be valid—
(1) **Securities** — With respect to a security (as defined in subsection (h)(4))—
(A) as against a purchaser of such security who at the time of purchase did not have actual notice or knowledge of the existence of such lien; and
(B) as against a holder of a security interest in such security who, at the time such interest came into existence, did not have actual notice or knowledge of the existence of such lien.
(2) **Motor vehicles** — With respect to a motor vehicle (as defined in subsection (h)(3)), as against a purchaser of such motor vehicle, if—
(A) at the time of the purchase such purchaser did not have actual notice or knowledge of the existence of such lien, and
(B) before the purchaser obtains such notice or knowledge, he has acquired possession of such motor vehicle and has not thereafter relinquished possession of such motor vehicle to the seller or his agent.
(3) **Personal property purchased at retail** — With respect to tangible personal property purchased at retail, as against a purchaser in the ordinary course of the seller’s trade or business, unless at the time of such purchase such purchaser intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection of any tax under this title.
(4) **Pers
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6323
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule**
(1) **In general** — For purposes of section 46, for any taxable year during the 5-year period beginning in the taxable year in which a qualified rehabilitated building is placed in service, the rehabilitation credit for such year is an amount equal to the ratable share for such year.
(2) **Ratable share** — For purposes of paragraph (1), the ratable share for any taxable year during the period described in such paragraph is the amount equal to 20 percent of the qualified rehabilitation expenditures with respect to the qualified rehabilitated building, as allocated ratably to each year during such period.
**(b) When expenditures taken into account**
(1) **In general** — Qualified rehabilitation expenditures with respect to any qualified rehabilitated building shall be taken into account for the taxable year in which such qualified rehabilitated building is placed in service.
(2) **Coordination with subsection (d)** — The amount which would (but for this paragraph) be taken into account under paragraph (1) with respect to any qualified rehabilitated building shall be reduced (but not below zero) by any amount of qualified rehabilitation expenditures taken into account under subsection (d) by the taxpayer or a predecessor of the taxpayer (or, in the case of a sale and leaseback described in section 50(a)(2)(C), by the lessee), to the extent any amount so taken into account has not been required to be recaptured under section 50(a).
**(c) Definitions** For purposes of this section—
(1) **Qualified rehabilitated building**
(A) *In general* — The term “qualified rehabilitated building” means any building (and its structural components) if—
(i) such building has been substantially rehabilitated,
(ii) such building was placed in service
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 47
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Federal law — U.S. Code and appendices · legal_authorities
Page 3593
TITLE 26—INTERNAL REVENUE CODE
§ 6343
(Aug. 16, 1954, ch. 736, 68A Stat. 789; Pub. L.
94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90
Stat. 1834.)
Editorial Notes
AMENDMENTS
1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after
‘‘Secretary’’.
§ 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 sub-
section (d)(2) thereof), or by sale of seized prop-
erty) 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 pro-
ceedings;
(2) Specific tax liability on seized property
If the property seized and sold is subject to
a tax imposed by any internal revenue law
which has not been paid, the amount remain-
ing after applying paragraph (1) shall then be
applied against such tax liability (and, if such
tax was not previously assessed, it shall then
be assessed);
(3) Liability of delinquent taxpayer
The amount, if any, remaining after apply-
ing paragraphs (1) and (2) shall then be applied
against the liability in respect of which the
levy was made or the sale was conducted.
(b) Surplus proceeds
Any surplus proceeds remaining after the ap-
plication of subsection (a) shall, upon applica-
tion and satisfactory proof in support thereof, be
credited or refunded by the Secretary to the per-
son or persons legally entitled thereto.
(Aug. 16, 1954, ch. 736, 68A Stat. 789; Pub. L.
89–719, title I, § 104(h), Nov. 2, 1966, 80 Stat. 1137;
Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4,
1976, 90
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 6343
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