Page:United States Statutes at Large Volume 90 Part 2.djvu/242

 90 STAT. 1710

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Regulations.

PUBLIC LAW 94-455—OCT. 4, 1976 come on a weekly basis, the amount of the wages, salary, and other income payable to or received by h i m during any week which is exempt from levy under subsection (a)(9) shall be— " (A) $50, plus " (B) $15 for each individual who is specified in a written statement which is submitted to the person on whom notice of levy is served and which is verified in such manner as the Secretary shall prescribe by regulations and— " (i) over half of whose support for the payroll period was received from the taxpayer, " (ii) who is the spouse of the taxpayer, or who bears a relationship to the tax p a y e r specified in paragraph s (1) through (9) of section 152(a) (relating to definition of dependents), and " ( i i i) who is not a minor child of the taxpayer with respect to whom amounts are exempt from levy under subsection (a)(8) for the payroll period. For purposes of subparagraph (B) (ii) of the preceding sentence, 'payroll period' shall be substituted for 'taxable year' each place it appears in paragraph (9) of section 152(a). " (2) iNDrVIDUALS ON BASIS OTHER THAN WEEKLY.—In the Case of

any individual not described in paratrraph (1), the ainoinit o^" ' h e wages, salary, and other income payable to or received by him during any applicable p a y period or other fiscal period (as determined under regulations prescribed by the Secretary) which is exempt from levy under subsection (a)(9) shall be an amount (determined under such regulations) which as nearly as possible will result in the same total exemption from levy for such individual over a period of time as he would have under paragraph (1) if ( during such period of time) he were paid or received such wages, salary, and other income on a regular weekly basis." (c) CONFORMING AMENDMENT. — The paragraph heading for p a r a -

g r a p h (8) of section 6334(a) is amended to read as follows: " (8) J U D G M E N T S FOR SUPPORT OF MINOR CHILDREN.—". (d) LEVY ON WAGES, E T C., To B E C O N T I N U I N G. —

26 USC 6331.

(1) Subsection (d) of section 6331 (relating to levy on salaries and wages) is amended by a d d i n g a t the end thereof the following new paragraph: "(3)


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C O N T I N U I N G LEVY ON SALARY AND WAGES.— " (A) E F F E C T OF LEVY.—The effect of a levy on salary or

wages payable to or received by a taxpayer shall be continuous from the date such levy is first made until the liability out of which such levy arose is satisfied or becomes unenforceable by reason of lapse of time. "(B)

26 USC 6332.

REI^EASE AND NOTICE o r REUIASE.—With respect to a

levy described in subparagraph (A), the Secretary shall promptly release the lev^y when the liability out of which such levy arose is satisfied or becomes unenforceable by reason of lapse of time, and shall promptly notify the person upon whom such levy was made that such levy has been released." (2) The second sentence of section 6331(b) (relating to seizure and sale of property) is amended by striking out " A levy" and inserting in lieu thereof "Except as otherwise provided in subsection (d)(3), a levy". (3) The first sentence of section 6332(c)(1) (relating to enforcement of levy) is amended by striking out "from the date of such levy" and inserting in lieu thereof "from the date of such levy

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