§7426 — Title 26 Internal Revenue Code | U.S. Code

Summary

You can sue the United States in a federal district court if the IRS levied on or sold property that you own or have a lien on, and you say the levy was wrongful. You can also sue if your interest is junior to the United States but you think you should get surplus sale proceeds, or if you claim part of a fund held after a sale under an agreement, or if you get a certificate of discharge and want to challenge the IRS’s value of the United States’ interest. If you challenge a certificate of discharge, you must file within 120 days after the certificate is issued. The court can stop a levy or sale if your rights are clearly better than the United States’ rights. It can order return of property, a money judgment for the amount taken, or, if the property was sold, a judgment up to the greater of the sale price or the fair market value just before the levy. The court can also give you surplus sale proceeds or part of a fund if your interest was transferred there, and can order refunds and release of bonds if the IRS overstated its interest. The tax assessment is assumed valid for these cases. You cannot sue IRS officers personally; the United States will be the defendant. You do not need to file a refund claim first. Interest on judgments runs at the overpayment rate under section 6621 from the dates specified by the court (for money taken, from when the IRS got it; for sales, from the sale date; for refunds, from when the IRS got the amount). If an IRS employee recklessly or intentionally or negligently ignored tax law, the United States may be liable up to the lesser of $1,000,000 ($100,000 for negligence) or the plaintiff’s direct economic damages plus the case costs, subject to rules that apply to similar claims. Time limits to sue follow section 6532(c).

Title 26, §7426

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)If a levy has been made on property or property has been sold pursuant to a levy, any person (other than the person against whom is assessed the tax out of which such levy arose) who claims an interest in or lien on such property and that such property was wrongfully levied upon may bring a civil action against the United States in a district court of the United States. Such action may be brought without regard to whether such property has been surrendered to or sold by the Secretary.

(2)If property has been sold pursuant to a levy, any person (other than the person against whom is assessed the tax out of which such levy arose) who claims an interest in or lien on such property junior to that of the United States and to be legally entitled to the surplus proceeds of such sale may bring a civil action against the United States in a district court of the United States.

(3)If property has been sold pursuant to an agreement described in section 6325(b)(3) (relating to substitution of proceeds of sale), any person who claims to be legally entitled to all or any part of the amount held as a fund pursuant to such agreement may bring a civil action against the United States in a district court of the United States.

(4)If a certificate of discharge is issued to any person under section 6325(b)(4) with respect to any property, such person may, within 120 days after the day on which such certificate is issued, bring a civil action against the United States in a district court of the United States for a determination of whether the value of the interest of the United States (if any) in such property is less than the value determined by the Secretary. No other action may be brought by such person for such a determination.

(b)The district court shall have jurisdiction to grant only such of the following forms of relief as may be appropriate in the circumstances:

(1)If a levy or sale would irreparably injure rights in property which the court determines to be superior to rights of the United States in such property, the court may grant an injunction to prohibit the enforcement of such levy or to prohibit such sale.

(2)If the court determines that such property has been wrongfully levied upon, the court may—

(A)order the return of specific property if the United States is in possession of such property;

(B)grant a judgment for the amount of money levied upon; or

(C)if such property was sold, grant a judgment for an amount not exceeding the greater of—

(i)the amount received by the United States from the sale of such property, or

(ii)the fair market value of such property immediately before the levy.

(3)If the court determines that the interest or lien of any party to an action under this section was transferred to the proceeds of a sale of such property, the court may grant a judgment in an amount equal to all or any part of the amount of the surplus proceeds of such sale.

(4)If the court determines that a party has an interest in or lien on the amount held as a fund pursuant to an agreement described in section 6325(b)(3) (relating to substitution of proceeds of sale), the court may grant a judgment in an amount equal to all or any part of the amount of such fund.

(5)If the court determines that the Secretary’s determination of the value of the interest of the United States in the property for purposes of section 6325(b)(4) exceeds the actual value of such interest, the court shall grant a judgment ordering a refund of the amount deposited, and a release of the bond, to the extent that the aggregate of the amounts thereof exceeds such value determined by the court.

(c)For purposes of an adjudication under this section, the assessment of tax upon which the interest or lien of the United States is based shall be conclusively presumed to be valid.

(d)No action may be maintained against any officer or employee of the United States (or former officer or employee) or his personal representative with respect to any acts for which an action could be maintained under this section.

(e)If an action, which could be brought against the United States under this section, is improperly brought against any officer or employee of the United States (or former officer or employee) or his personal representative, the court shall order, upon such terms as are just, that the pleadings be amended to substitute the United States as a party for such officer or employee as of the time such action was commenced upon proper service of process on the United States.

(f)The provisions of section 7422(a) (relating to prohibition of suit prior to filing claim for refund) shall not apply to actions under this section.

(g)Interest shall be allowed at the overpayment rate established under section 6621—

(1)in the case of a judgment pursuant to subsection (b)(2)(B), from the date the Secretary receives the money wrongfully levied upon to the date of payment of such judgment;

(2)in the case of a judgment pursuant to subsection (b)(2)(C), from the date of the sale of the property wrongfully levied upon to the date of payment of such judgment; and

(3)in the case of a judgment pursuant to subsection (b)(5) which orders a refund of any amount, from the date the Secretary received such amount to the date of payment of such judgment.

(h)(1)Notwithstanding subsection (b), if, in any action brought under this section, there is a finding that any officer or employee of the Internal Revenue Service recklessly or intentionally, or by reason of negligence, disregarded any provision of this title the defendant shall be liable to the plaintiff in an amount equal to the lesser of $1,000,000 ($100,000 in the case of negligence) or the sum of—

(A)actual, direct economic damages sustained by the plaintiff as a proximate result of the reckless or intentional or negligent disregard of any provision of this title by the officer or employee (reduced by any amount of such damages awarded under subsection (b)); and

(B)the costs of the action.

(2)The rules of section 7433(d) shall apply for purposes of this subsection.

(3)Claims pursuant to this section shall be payable out of funds appropriated under section 1304 of title 31, United States Code.

(i)For period of limitation, see section 6532(c).

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a)(4). Pub. L. 105–206, § 3106(b)(1), added par. (4). Subsec. (b)(5). Pub. L. 105–206, § 3106(b)(2)(A), added par. (5). Subsec. (g)(3). Pub. L. 105–206, § 3106(b)(2)(B), added par. (3). Subsecs. (h), (i). Pub. L. 105–206, § 3102(b), added subsec. (h) and redesignated former subsec. (h) as (i). 1986—Subsec. (g). Pub. L. 99–514 substituted “the overpayment rate established under section 6621” for “an annual rate established under section 6621”. 1982—Subsec. (b)(2)(C). Pub. L. 97–248 inserted “if such property was sold,” before “grant a judgment” and “the greater of—” after “not exceeding”, redesignated remaining provisions as cl. (i), and added cl. (ii). 1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing. 1975—Subsec. (g). Pub. L. 93–625 substituted “an annual rate established under section 6621” for “the rate of 6 percent per annum”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 Amendment Pub. L. 105–206, title III, § 3102(d), July 22, 1998, 112 Stat. 731, provided that: “The

Amendments

made by this section [amending this section and section 7433 of this title] shall apply to actions of officers or employees of the Internal Revenue Service after the date of the enactment of this Act [

July 22, 1998].” Amendment by section 3106(b)(1), (2) of Pub. L. 105–206 effective

July 22, 1998, see section 3106(c) of Pub. L. 105–206, set out as a note under section 6325 of this title.

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–514 applicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) of Pub. L. 99–514, set out as a note under section 47 of this title.

Effective Date

of 1982 Amendment Pub. L. 97–248, title III, § 350(b), Sept. 3, 1982, 96 Stat. 639, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to levies made after December 31, 1982.”

Effective Date

of 1975 AmendmentAmendment by Pub. L. 93–625 effective July 1, 1975, and applicable to amounts outstanding on such date or arising thereafter, see section 7(e) of Pub. L. 93–625, set out as an

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note under section 6621 of this title.

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Section applicable after Nov. 2, 1966, regardless of when title or lien of United States arose or when lien or interest of another person was acquired, except in a case in which a lien or title derived from

Enforcement

of a lien held by United States has been enforced by a civil action or suit which has become final by judgment, sale, or agreement before Nov. 2, 1966, or in a case in which section would impair a priority held by any person other than United States holding a lien or interest prior to Nov. 2, 1966, operate to increase liability of such person, or shorten time of bringing suit with respect to transactions occurring before Nov. 2, 1966, see section 114(a)–(c) of Pub. L. 89–719, set out as

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of 1966

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note under section 6323 of this title.

§7426 Civil actions by persons other than taxpayers

Summary

Title 26, §7426

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