- 10 - date of levy, until the levy is released pursuant to section 6343. Sec. 301.6331-1(b)(1), Proced. & Admin. Regs.12 Section 6331(e) does not specify the types of remuneration that are covered by the term “salary or wages”. The applicable regulations provide, however, that the term “salary or wages” includes “compensation for services paid in the form of fees, commissions, bonuses, and similar items.” Sec. 301.6331-1(b)(1), Proced. & Admin. Regs. The regulations provide no further explanation or illustration of these “similar items” of compensation and do not explicitly address whether the term “salary or wages” includes severance pay. Thus, the language of section 6331(e) and the regulations interpreting that Code section are ambiguous as to whether the term “salary or wages” includes severance pay.13 12 Sec. 6334(a)(9) exempts from levy certain amounts payable to or received by an individual as salary or wages for personal services. 13 The legislative history provides little illumination as to whether severance pay should be considered “salary or wages” for this purpose. Before 1976, a levy extended only to obligations that existed at the time of levy. S. Rept. 94-938, at 388 (1976), 1976-3 C.B. (Vol. 3) 49, 426. Consequently, the Commissioner was required to make successive levies in cases involving salaries and wages. S. Conf. Rept. 94-1236, at 489-490 (1976), 1976-3 C.B. (Vol. 3) 807, 893-894; see also United States v. Long Island Drug Co., 115 F.2d 983 (2d Cir. 1940). In 1976, sec. 6331(e) was added to the Code by the Tax Reform Act of 1976, Pub. L. 94-455, sec. 1209, 90 Stat. 1709, to provide that “a levy on salary or wages of a taxpayer is to be continuous from the date the levy is first made until the tax liability with respect to which it is made is satisfied or becomes unenforceable because (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011