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from the sale at any time within 9 months of the levy.9
Petitioner contends that under section 6343(b) respondent’s
repurchase of the property from ACI, occurring more than 9 months
after the initial sale to ACI, was “illegal” and that
consequently it was “illegal” for respondent to adjust his 1990
tax account by reversing the credit previously applied to his
account upon the sale of the property to ACI. We disagree.
Section 6343(b) was enacted as part of the Federal Tax Lien
Act of 1966, Pub. L. 89-719, sec. 104(i), 80 Stat. 1138. The
relevant legislative history states that section 6343(b)
“[authorizes] the Secretary of the Treasury or his delegate to
return to its rightful owner any property which has been
wrongfully levied upon by the United States.” H. Rept. 1884,
89th Cong., 2d Sess. (1966), 1966-2 C.B. 815, 860 (emphasis
9 Sec. 6343(b) provides:
SEC. 6343(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 9 months from the date of such levy.
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