Page:United States Statutes at Large Volume 110 Part 2.djvu/668

 110 STAT. 1460 PUBLIC LAW 104-168-^JULY 30, 1996 the Secretary shall disclose in writing to the individual making the request whether the Secretary has attempted to collect such deficiency from such other individual, the general nature of such collection activities, and the amount collected. The preceding sentence shall not apply to any deficiency which may not be collected by reason of section 6502.". 26 USC 6103 (b) EFFECTIVE DATE.—The amendment made by this section i^ote. shall apply to requests made afl;er the date of the enactment of this Act. TITLE V—COLLECTION ACTIVITIES SEC. 601. MODIFICATIONS TO LBEN AND LEVY PROVISIONS. (a) WITHDRAWAL OF CERTAIN NOTICES.— Section 6323 (relating to validity and priority against certain persons) is amended by adding at the end the following new subsection: "( j) WITHDRAWAL OF NOTICE IN CERTAIN CIRCUMSTANCES.— "(1) IN GENERAL,—The Secretary may withdraw a notice of a lien filed under this section and this chapter shall be applied as if the withdrawn notice had not been filed, if the Secretary determines that— "(A) the filing of such notice was premature or otherwise not in accordance with administrative procedures of the Secretary, "(B) the taxpayer has entered into an agreement under section 6159 to satisfy the tax liability for which the lien was imposed by means of installment pa3mients, unless such agreement provides otherwise, "(C) the wiwidrawal of such notice will facilitate the collection of the tax liability, or "(D) with the consent of the tsixpayer or the Taxpayer Advocate, the withdrawal of such notice would be in the best interests of the taxpayer (as determined by the Taxpayer Advocate) and the United States. Any such withdrawal shall be made by filing notice at the same office as the withdrawn notice. A copy of such notice of withdrawal shall be provided to the taxpayer. "(2) NOTICE TO CREDIT AGENCIES, ETC.— Upon written request by the taxpayer with respect to whom a notice of a lien was withdrawn under paragraph (1), the Secretary shall promptly make reasonable efforts to notify credit reporting agencies, and any financial institution or creditor whose name and address is specified in such request, of the withdrawal of such notice. Any such request shall be in such form as the Secretary may prescribe.". (b) RETURN OF LEVIED PROPERTY IN CERTAIN CASES. —Section 6343 (relating to authority to release levy and return property) is amended by adding at the end the following new subsection: " (d) RETURN OF PROPERTY IN CERTAIN CASES.—I f — "(1) any property has been levied upon, and "(2) the Secretary determines that— "(A) the levy on such property was premature or otherwise not in accordance with administrative procedvires of the Secretary, "(B) the taxpayer has entered into an agreement under section 6159 to satisfy the tax liability for which the levy

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