Page:United States Statutes at Large Volume 80 Part 1.djvu/1171

 80 STAT. ]

PUBLIC LAW 89-719-NOV. 2, 1966

1135

" (2) REVOCATION OF CERTIFICATE OF RELEASE OR NONATTACH-

MENT.—If the Secretary or his delegate determines that a certificate of release or nonattachment of a lien imposed by section 6321 was issued erroneously or improvidently, or if a certificate of release of such lien was issued pursuant to a collateral agreement entered into in connection with a compromise under section 7122 which has been breached, and if the period of limitation on collection after assessment has not expired, the Secretary or his delegate may revoke such certificate and reinstate the lien— " (A) by mailing notice of such revocation to the person against whom the tax was assessed at his last known address, and " (B) by filing notice of such revocation in the same office in which the notice of lien to which it relates was filed (if such notice of lien had been filed). Such reinstated lien (i) shall be effective on the date notice of revocation is mailed to the taxpayer in accordance with the provisions of subparagraph (A), but not earlier than the date on which any required filing of notice of revocation is filed in accordance with the provisions of subparagraph (B), and (ii) shall have the same force and effect (as of such date), until the expiration of the period of limitation on collection after assessment, as a lien imposed by section 6321 (relating to lien for taxes). " (3) CERTIFICATES VOID UNDER CERTAIN CONDITIONS.—Notwith-

standing any other provision of this subtitle, any lien imposed by this chapter shall attach to any property with respect to which a certificate of discharge has been issued if the person liable for the tax reacquires such property after such certificate has been issued. " (g) FILING OF CERTIFICATES AND NOTICES.—If a certificate or notice issued pursuant to this section may not be filed in the office designated by State law in which the notice of lien imposed by section 6321 is filed, such certificate or notice shall be effective if filed in the office of the clerk of the United States district court for the judicial district in which such office is situated. " (h) CROSS REFERENCE.— "For provisions relating to bonds, see chapter 73 (sec. 7101 and following).**

(b) CLERICAL AMENDMENT.—The table of sections for subchapter C of chapter 64 is amended by striking out "Sec. 6325. Release of lien or partial discharge of property."

and inserting in lieu thereof "Sec. 6325. Release of lien or discharge of property." SEC. 104. SEIZURE OF PROPERTY FOR COLLECTION OF TAXES. (a) EFFECT OF LEVY.—Section 6331(b)

(relating to seizure and

sale of property by levy and distraint) is amended by inserting after the first sentence the following new sentence: " A levy shall extend only to property possessed and obligations existing at the time thereof." (b) SURRENDER OF PROPERTY SUBJECT TO LEVY.—Section 6332 relating to surrender of property subject to levy) is amended— (1) by striking out "Any person" in subsection (a) and inserting in lieu thereof "Except as otherwise provided in subsection (b), any person";

^^^,^'^^^;7Jf • 26 USC 6321.

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