- 21 - 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).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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