§6340 — Title 26 Internal Revenue Code | U.S. Code

Summary

The Secretary must keep, for each district, a record of every sale and redemption of property under section 6335. The record must include the tax involved, seizure/sale dates, the person charged, steps taken, expenses, buyers’ names, and the deed or certificate date. A certified copy is evidence in court. The taxpayer must get the record (no buyer names), the amount from the sale applied to their tax, and the remaining balance.

Title 26, §6340

Internal Revenue Code — Source: USLM XML via OLRC

(a)The Secretary shall, for each internal revenue district, keep a record of all sales of property under section 6335 and of redemptions of such property. The record shall set forth the tax for which any such sale was made, the dates of seizure and sale, the name of the party assessed and all proceedings in making such sale, the amount of expenses, the names of the purchasers, and the date of the deed or certificate of sale of personal property.

(b)A copy of such record, or any part thereof, certified by the Secretary shall be evidence in any court of the truth of the facts therein stated.

(c)The taxpayer with respect to whose liability the sale was conducted or who redeemed the property shall be furnished—

(1)the record under subsection (a) (other than the names of the purchasers);

(2)the amount from such sale applied to the taxpayer’s liability; and

(3)the remaining balance of such liability.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–206, § 3442(a)(1), struck out “real” after “sales of” and inserted “or certificate of sale of personal property” after “deed”. Subsec. (c). Pub. L. 105–206, § 3442(a)(2), added subsec. (c). 1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 Amendment Pub. L. 105–206, title III, § 3442(b), July 22, 1998, 112 Stat. 762, provided that: “The

Amendments

made by this section [amending this section] shall apply to seizures occurring after the date of the enactment of this Act [July 22, 1998].”

§6340 Records of sale

Summary

Title 26, §6340

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata