Page:United States Statutes at Large Volume 96 Part 1.djvu/681

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 639

SKC. 349. REQUIREMENT OF TIMELY NOTICE OF LEVY. (a) GENERAL RULE.—Section 6331 (relating to levy and distraint) is 26 USC 633L amended by redesignating subsection (e) as subsection (f) and by striking out subsection (d) and inserting in lieu thereof the following new subsections: "(d) REQUIREMENT OF NOTICE BEFORE L E V Y. —

"(1) IN GENERAL.—Levy may be made under subsection (a) upon the salary or wages or other property of any person with respect to any unpaid tax only after the Secretary has notified such person in writing of his intention to m a k e such levy. "(2) 10-DAY REQUIREMENT.—The notice required under paragraph (1) shall be— "(A) given in person, "(B) left a t the dwelling or usual place of business of such person, or "(C) sent by certified or registered mail to such person's last known address, no less than 10 days before the day of the levy. "(3) J E O P A R D Y. — Paragraph (1) shall not apply to a levy if the Secretary has made a finding under the last sentence of subsection (a) that the collection of tax is in jeopardy. "(e) C O N T I N U I N G LEVY ON SALARY AND W A G E S. —

"(1) EFFECT OF LEVY.—The effect of a levy on salary or wages payable to or received by a tax p a y e r shall be continuous from the date such levy is first m a d e until the liability out of which such levy arose is satisfied or becomes unenforceable by reason of lapse of time. "(2) RELEASE AND NOTICE OF RELEASE.—With respect to a levy

described in paragraph (1), the Secretary shall promptly release the levy 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." (b) EFFECTIVE D A T E. — The amendment

m a d e by subsection (a)

shall apply to levies m a d e after December 31, 1982.

26 USC 6331 note.

SEC. 349A. EXTENSION OF PERIOD FOR REDEMPTION OF REAL PROPERTY.

(a) GENERAL RULE. — Paragraph (1) of section 6337(b) (relating to 26 USC 6337. period for redemption of real estate after sale) is amended by striking out "120 d a y s " and inserting in lieu thereof "180 days". (b) EFFECTIVE DATE.—The amendment m a d e by subsection (a) 26 USC 6337 shall apply with respect to property sold after the date of the "°^®e n a c t m e n t of this Act. SEC. 350. AMOUNT OF DAMAGES IN CASE OF WRONGFUL LEVY.

(a) GENERAL RULE. — Subparagraph (C) of section 7426(b)(2) (relat- 26 USC 7426. ing to a m o u n t of damages) is amended to read as follows: "(C) if such property was sold, g r a n t a j u d g m e n t for a n a m o u n t not exceeding the g r e a t e r of— "(i) the a m o u n t received by the United States from the sale of such property, or "(ii) the fair m a r k e t value of such property immediately before the levy." (b) EFFECTIVE DATE.—The amendment m a d e by subsection (a) 26 USC 7426 shall apply with respect to levies made after December 31, 1982. "°t®-

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