- 12 - SEC. 6823(f). (1) Place for filing.--The notice referred to in subsection (a) shall be filed-- (A) Under state laws.-- * * * * * * * (ii) Personal property.--In the case of personal property, whether tangible or intangible, in one office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated, except that State law merely conforming to or reenacting Federal law establishing a national filing system does not constitute a second office for filing as designated by the laws of such State; (B) With clerk of district court.--In the office of the clerk of the United States district court for the judicial district in which the property subject to the lien is situated, whenever the State has not by law designated one office which meets the requirements of subparagraph (A); * * * The situs of personal property held by the taxpayer, whether tangible or intangible, is the residence of the taxpayer at the time the notice of Federal tax lien is filed. Sec. 6323(f)(2)(B). In this case, the pension plan is personal property. Therefore, the situs of the pension plan is the State where the taxpayer resides and not the State where the pension plan is administered. Under the Bankruptcy Code, 11 U.S.C. sec. 522(c)(2)(B) (2000), any property exempt from administration as part of thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011