Michael A. Zapara and Gina A. Zapara - Page 21

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         upon service of the notice of levy.  Resolution Trust Corporation            
         v. Gill, 960 F.2d 336, 340 (3d Cir. 1992).7                                  
              Service of a notice of levy constitutes a seizure of                    
         property, see sec. 6331(b) (equating levy and seizure); Phelps v.            
         United States, 421 U.S. 330, 337 (1975) (stating that “notice of             
         levy and demand are equivalent to seizure”); however, it does not            
         transfer ownership of property to the Internal Revenue Service               
         (IRS).  “Ownership of the property is transferred only when the              
         property is sold to a bona fide purchaser at a tax sale.”  United            
         States v. Whiting Pools, Inc., 462 U.S. 198, 211 (1983).                     
         Instead, a notice of levy gives the Commissioner the right to all            
         property levied upon and creates a custodial relationship between            
         the third party and the IRS so that the property comes into the              
         constructive possession of the Government.  United States v.                 
         Natl. Bank of Commerce, 472 U.S. 713, 720 (1985).  For these                 






               7 Under sec. 6332(a), 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.  If the third party honors the                
          levy, he or she is discharged from any obligation or liability to           
          the delinquent taxpayer (or any other person) with respect to               
          such property or rights to property arising from such surrender             
          or payment.  Sec. 6332(e).  If, on the other hand, the third                
          party refuses to honor a levy, he or she becomes personally                 
          liable to the Government.  Sec. 6332(d)(1) and (2); see United              
          States v. Natl. Bank of Commerce, 472 U.S. 713, 721 (1985).                 




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