A bill to amend the Internal Revenue Code of 1954 to provide taxpayers a cause of action for wrongful levy on property, and for other purposes.

Summary

Amends the Internal Revenue Code to require the Secretary of the Treasury to issue a certificate of release of a lien imposed with respect to any tax where: (1) the liability has been fully satisfied or has become legally unenforceable; or (2) an appropriate bond conditioned on the payment of the amount assessed is furnished. (Current law allows issuance of such a certificate.) Requires the Secretary, upon the request of a taxpayer and where legally feasible, to issue a certificate of discharge of: (1) property subject to a lien to the extent that the fair market value of the property exceeds the amount of the tax liability plus any prior liens, interest, penalties, or costs; and (2) any part of such property to the extent that partial payment has been made. Prohibits the seizure and sale of property which has no value other than a value to the owner. Requires notice to the taxpayer in cases of levy upon property held by a person other than the taxpayer. Permits a taxpayer to bring a civil action against the United States in a U.S. district court on a claim that a lien was imposed or levy made in violation of provisions regarding: (1) releases of liens or discharges of property; or (2) levy and distraint procedures.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 10 November 1981

  Open at official source

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