- 22 - the rights of third parties until after the levy is made, in postseizure administrative or judicial hearings.” Id. (examining United States v. Rodgers, supra at 696); see also United States v. Whiting Pools, Inc., supra at 211.8 Thus, the effect of the levy in the instant case is to bring the account receivable into respondent’s legal custody. See United States v. Natl. Bank of Commerce, supra at 721 (“property comes into the constructive (...continued) rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible or intangible). [Emphasis added.] 8In Whiting Pools, Inc. v. United States, supra at 210-211, the Supreme Court stated: The Service’s interest in seized property is its lien on that property. The Internal Revenue Code’s levy and seizure provisions, � 6331 and 6332, are special procedural devices available to the IRS to protect and satisfy its liens, United States v. Sullivan, 333 F.2d 100, 116 (CA 3 1964), and are analogous to the remedies available to private secured creditors. See Uniform Commercial Code � 9- 503, 3A U.L.A. 211-212 (1981); n.14, supra. They are provisional remedies that do not determine the Service’s rights to the seized property, but merely bring the property into the Service’s legal custody. See 4 B. Bittker, Federal Taxation of Income, Estates and Gifts � 111.5.5, p. 111-108 (1981). See generally Plumb, Federal Tax Collection and Lien Problems (First Installment), 13 Tax L. Rev. 247, 272 (1958). * * * The IRS is obligated to return to the debtor any surplus from a sale. � 6342(b). Ownership of the property is transferred only when the property is sold to a bona fide purchaser at a tax sale. See Bennett v. Hunter, 9 Wall. 326, 336 (1870); � 6339(a)(2); Plumb, 13 Tax L. Rev., at 274-275. In fact, the tax sale provision itself refers to the debtor as the owner of the property after the seizure but prior to the sale. Until such a sale takes place, the property remains the debtor’s and thus is subject to the turnover requirement of sec. 542(a). [Fn. ref. omitted.]Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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