Joseph F. and Caroline Enos - Page 23

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         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...)           




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