§7432 — Title 26 Internal Revenue Code | U.S. Code

Summary

If an IRS worker knowingly or through carelessness fails to remove a lien under section 6325 on a taxpayer’s property, the taxpayer can sue the United States in federal district court. If the court finds the IRS at fault, the taxpayer can get paid actual direct money losses they suffered because of the error plus their court costs. Payments come from funds under 31 U.S.C. §1304. The taxpayer must first use the IRS’s internal remedies. Awards are cut by any losses the taxpayer could have reasonably avoided. A lawsuit can be filed no matter the dollar amount and must be started within 2 years after the right to sue begins. The Secretary must set up rules for how a taxpayer notifies the IRS about a failure to release a lien.

Title 26, §7432

Internal Revenue Code — Source: USLM XML via OLRC

(a)If any officer or employee of the Internal Revenue Service knowingly, or by reason of negligence, fails to release a lien under section 6325 on property of the taxpayer, such taxpayer may bring a civil action for damages against the United States in a district court of the United States.

(b)In any action brought under subsection (a), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of—

(1)actual, direct economic damages sustained by the plaintiff which, but for the actions of the defendant, would not have been sustained, plus

(2)the costs of the action.

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

(d)(1)A judgment for damages shall not be awarded under subsection (b) unless the court determines that the plaintiff has exhausted the administrative remedies available to such plaintiff within the Internal Revenue Service.

(2)The amount of damages awarded under subsection (b)(1) shall be reduced by the amount of such damages which could have reasonably been mitigated by the plaintiff.

(3)Notwithstanding any other provision of law, an action to enforce liability created under this section may be brought without regard to the amount in controversy and may be brought only within 2 years after the date the right of action accrues.

(e)The Secretary shall by regulation prescribe reasonable procedures for a taxpayer to notify the Secretary of the failure to release a lien under section 6325 on property of the taxpayer.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7432 was renumbered 7437 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–647, title VI, § 6240(c), Nov. 10, 1988, 102 Stat. 3747, provided that: “The

Amendments

made by this section [enacting this section] shall apply to notices provided by the taxpayer of the failure to release a lien, and damages arising, after December 31, 1988.”

§7432 Civil damages for failure to release lien