- 23 - possession of the Government”); United States v. Whiting Pools, Inc., supra at 211. In United States v. Natl. Bank of Commerce, supra at 731 n.15, the Supreme Court stated that a “levy does not purport to determine any rights to the property. It merely protects the Government’s interests so that rights to the property may be determined in a postseizure proceeding.” The liability created by a levy on a third party is discharged when the third party honors the levy. See id. at 721. Cash v. United States, 961 F.2d at 567, states that “when the levied upon property is a debt owed to the taxpayer, such as an account receivable, the levy may be satisfied by paying over to the Government the money owed to the taxpayer.” See also sec. 6332(a), (d);9 sec. 301.6332-1(a)(1), Proced. & Admin. Regs.10 9Sec. 6332(a) provides: SEC. 6332. SURRENDER OF PROPERTY SUBJECT TO LEVY (a) Requirement.-–Except as otherwise provided in this section, any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Secretary, surrender such property or rights (or discharge such obligation) to the Secretary, except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process. 10Sec. 301.6332-1(a)(1), Proced. & Admin. Regs., provides: Surrender of Property Subject to Levy.--(a) Requirement.-– (1) In general.–Except as otherwise provided in � 301.6332-2, relating to levy in the case of life insurance and endowment contracts, and in � 301.6332-3, relating to property held by banks, any person in possession of (or obligated with respect (continued...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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