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together with all interest, is fully satisfied or legally
unenforceable. Section 6325(f)(1)5 provides, with certain
exceptions, that a certificate of tax lien release is conclusive
that the lien upon the property referred to in the certificate is
extinguished.
Respondent argues that neither section 6325 nor the caselaw
provides that the filing of a certificate of release of lien
extinguishes the underlying liability. We agree.
It is well settled that although a certificate of tax lien
release is conclusive that the lien is extinguished, it is not
conclusive that the tax liability is extinguished. See, e.g.,
Angier Corp. v. Commissioner, 50 F.2d 887, 892 (1st Cir. 1931),
5 Sec. 6325(f) in pertinent part provides:
SEC. 6325(f). Effect of Certificate.--
(1) Conclusiveness.--Except as provided in paragraphs
(2) and (3), if a certificate is issued pursuant to this
section by the Secretary and is filed in the same office as
the notice of lien to which it relates (if such notice of
lien has been filed) such certificate shall have the
following effect:
(A) in the case of a certificate of release, such
certificate shall be conclusive that the lien referred
to in such certificate is extinguished;
* * * * * * *
(2) Revocation of certificate of release or
nonattachment.–-If the Secretary determines that a
certificate of release or nonattachement of a lien imposed
by section 6321 was issued erroneously or improvidently
* * * the Secretary may revoke such certificate and
reinstate the lien–
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