Taxpayer Protection Act of 1998

Summary

TABLE OF CONTENTS: Title I: Restrictions on Levy and Other Collection Activities Title II: Application of Certain Fair Debt Collection Procedures Title III: Provisions Relating to Installment Agreements Title IV: Expansion of Judicial Remedies Title V: Miscellaneous Changes Taxpayer Protection Act of 1998 - Title I: Restrictions on Levy and Other Collection Activities - Amends the Internal Revenue Code to prohibit Government tax levy of property or property rights: (1) during Tax Court proceedings by a spouse involving liability on a joint return; (2) during court proceedings for refund of divisible tax under specified circumstances; (3) while certain offers in compromise are pending, or while an installment agreement offer is pending or in effect; or (4) while a determination of assessment validity is being made. (Sec. 104) Requires Internal Revenue Service (IRS) Chief Counsel approval for: (1) filing a notice of lien or authorizing a levy on property held by a third party; and (2) specified jeopardy and termination assessments and jeopardy levies. (Sec. 105) Requires IRS district director or assistant district director approval, or a finding of tax collection jeopardy in order to authorize a levy against: (1) a qualified employer plan pension or annuity; or (2) a life insurance, endowment, or annuity contract. (Sec. 107) Requires IRS district director or assistant district director approval (or owner waiver) prior to the immediate sale of seized perishable goods. (Sec. 108) Increases the amount of certain personal and residential property on which liens are not valid. Title II: Application of Certain Fair Debt Collection Procedures - Applies certain fair debt collection procedures to IRS-taxpayer communications. Subjects IRS violations of such procedures to existing civil damage provisions. Title III: Provisions Relating to Installment Agreements - Requires the IRS to make installment payment agreements available in certain instances where the aggregate tax liability does not exceed $10,000. Title IV: Expansion of Judicial Remedies - Revises provisions with respect to a taxpayer's motion to quash third-party summonses. (Sec. 402) Authorizes a taxpayer whose property is subject to an IRS lien to: (1) get a certificate of discharge by depositing with the IRS an amount of money or a bond equal in value to such lien; and (2) after such substitution, bring a civil action to determine if such valuation is correct, and a obtain a refund of any excess that may have been required by the IRS. (Sec. 403) Authorizes a civil action for IRS violations of certain bankruptcy procedures. Title V: Miscellaneous Changes - Permits: (1) personal delivery of penalty notice relating to failure to collect and pay over tax or attempt to evade tax; and (2) service of summons by mail to third-party recordkeepers. (Sec. 503) Increases the monetary limit on cases permitted to use Tax Court small case procedures.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 18 March 1998

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• Introduced in House (PDF)

  Introduced in House · EN · 18 March 1998

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• Introduced in House

  summary · EN · 18 March 1998

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