|
6335 - Code and Regulations |
|||||||||||||||||||||||||||||
|
|
|||||||||||||||||||||||||||||
|
|
6335 Code and Regulations |
||||||||||||||||||||||||||||
IRC, 2005FED
¶38,230, Sec. 6335., SALE OF SEIZED PROPERTY
|
6335(a) NOTICE OF SEIZURE. --As soon as practicable after seizure of property, notice in
writing shall be given by the Secretary to the owner of the property
(or, in the case of personal property, the possessor thereof), or shall
be left at his usual place of abode or business if he has such within
the internal revenue district where the seizure is made. If the owner
cannot be readily located, or has no dwelling or place of business
within such district, the notice may be mailed to his last known
address. Such notice shall specify the sum demanded and shall contain,
in the case of personal property, an account of the property seized and,
in the case of real property, a description with reasonable certainty of
the property seized.
6335(b) NOTICE OF
6335(c) SALE OF INDIVISIBLE PROPERTY. --If
any property liable to levy is not divisible, so as to enable the
Secretary by sale of a part thereof to raise the whole amount of the tax
and expenses, the whole of such property shall be sold.
6335(d) TIME AND PLACE OF
6335(e) MANNER AND CONDITIONS OF
6335(e)(1) IN GENERAL. --
6335(e)(1)(A)
DETERMINATIONS RELATING TO MINIMUM PRICE. --Before the sale of property seized by levy, the
Secretary shall determine --
6335(e)(1)(A)(i) a minimum price below which such property shall not be sold (taking into
account the expense of making the levy and conducting the sale), and
6335(e)(1)(A)(ii) whether, on the basis of criteria prescribed by the Secretary, the
purchase of such property by the United States at such minimum price
would be in the best interest of the United States.
6335(e)(1)(B)
6335(e)(1)(C)
PROPERTY DEEMED SOLD TO UNITED STATES AT MINIMUM PRICE IN CERTAIN CASES.
--If no
person offers the amount of the minimum price for such property at the
sale and the Secretary has determined that the purchase of such property
by the
6335(e)(1)(D)
RELEASE TO OWNER IN OTHER CASES. --If, at the sale, the property is not declared sold under
subparagraph (B) or (C), the property shall be released to the owner
thereof and the expense of the levy and sale shall be added to the
amount of tax for the collection of which the levy was made. Any
property released under this subparagraph shall remain subject to any
lien imposed by subchapter C.
6335(e)(2) ADDITIONAL RULES APPLICABLE TO
6335(e)(2)(A)
That the
sale shall not be conducted in any manner other than --
6335(e)(2)(A)(i) by public auction, or
6335(e)(2)(A)(ii) by public sale under sealed bids.
6335(e)(2)(B)
In the case
of the seizure of several items of property, whether such items shall be
offered separately, in groups, or in the aggregate; and whether such
property shall be offered both separately (or in groups) and in the
aggregate, and sold under whichever method produces the highest
aggregate amount.
6335(e)(2)(C)
Whether the
announcement of the minimum price determined by the Secretary may be
delayed until the receipt of the highest bid.
6335(e)(2)(D)
Whether
payment in full shall be required at the time of acceptance of a bid, or
whether a part of such payment may be deferred for such period (not to
exceed 1 month) as may be determined by the Secretary to be appropriate.
6335(e)(2)(E)
The extent
to which methods (including advertising) in addition to those prescribed
in subsection (b) may be used in giving notice of the sale.
6335(e)(2)(F)
Under what
circumstances the Secretary may adjourn the sale from time to time (but
such adjournments shall not be for a period to exceed in all 1 month).
6335(e)(3) PAYMENT OF AMOUNT BID. --If payment in full is required at the time of
acceptance of a bid and is not then and there paid, the Secretary shall
forthwith proceed to again sell the property in the manner provided in
this subsection. If the conditions of the sale permit part of the
payment to be deferred, and if such part is not paid within the
prescribed period, suit may be instituted against the purchaser for the
purchase price or such part thereof as has not been paid, together with
interest at the rate of 6 percent per annum from the date of the sale;
or, in the discretion of the Secretary, the sale may be declared by the
Secretary to be null and void for failure to make full payment of the
purchase price and the property may again be advertised and sold as
provided in subsections (b) and (c) and this subsection. In the event of
such readvertisement and sale any new purchaser shall receive such
property or rights to property, free and clear of any claim or right of
the former defaulting purchaser, of any nature whatsoever, and the
amount paid upon the bid price by such defaulting purchaser shall be
forfeited.
6335(e)(4) CROSS REFERENCE. --
For
provision providing for civil damages for violation of paragraph (1)(A)(i),
see section 7433.
6335(f) RIGHT TO REQUEST
6335(g) STAY OF
For
restrictions on sale of seized property pending Tax Court decision, see
section 6863(b)(3).
.01 Amended by P.L. 105-206, P.L. 100-647, P.L. 99-514, P.L.
94-455 (Deadwood Act) and P.L. 89-719. For details, see the Code
Volumes.
|
|
|
|
|
|
|
|
|
|
|
|
|
©
2005, CCH
Tax and Accounting. All Rights Reserved. |
|
|
FINAL-REG,
2005FED ¶38,231, §301.6335-1.,
|
||
Caution:
Reg. §301.6335-1 does not reflect recent law changes. For details, see ¶38,231.01.
(a) Notice of seizure. --As soon as practicable after seizure of property, the
internal revenue officer seizing the property shall give notice in
writing to the owner of the property (or, in the case of personal
property, to the possessor thereof). The written notice shall be
delivered to the owner (or to the possessor, in the case of personal
property) or left at his usual place of abode or business if he has such
within the internal revenue district where the seizure is made. If the
owner cannot be readily located, or has no dwelling or place of business
within such district, the notice may be mailed to his last known
address. Such notice shall specify the sum demanded and shall contain,
in the case of personal property, a list sufficient to identify the
property seized and, in the case of real property, a description with
reasonable certainty of the property seized.
(b) Notice of sale
(1) As soon
as practicable after seizure of the property, the district director
shall give notice of sale in writing to the owner. Such notice shall be
delivered to the owner or left at his usual place of abode or business
if located within the internal revenue district where the seizure is
made. If the owner cannot be readily located, or has no dwelling or
place of business within such district, the notice may be mailed to his
last known address. For further guidance regarding the definition of
last known address, see §301.6212-2. The notice shall specify the
property to be sold, and the time, place, manner, and conditions of the
sale thereof, and shall expressly state that only the right, title, and
interest of the delinquent taxpayer in and to such property is to be
offered for sale. The notice shall also be published in some newspaper
published in the county wherein the seizure is made or in a newspaper
generally circulated in that county. For example, if a newspaper of
general circulation in a county but not published in that county will
reach more potential bidders for the property to be sold than a
newspaper published within the county, or if there is a newspaper of
general circulation within the county but no newspaper published within
the county, the district director may cause public notice of the sale to
be given in the newspaper of general circulation within the county. If
there is no newspaper published or generally circulated in the county,
the notice shall be posted at the post office nearest the place where
the seizure is made, and in not less than two other public places.
(2) The
district director may use other methods of giving notice of sale and of
advertising seized property in addition to those referred to in
subparagraph (1) when he believes that the nature of the property to be
sold is such that a wider or more specialized advertising coverage will
enhance the possibility of obtaining a higher price for the property.
(3) Whenever
levy is made without regard to the 10-day period provided in section
6331(a) (relating to cases in which collection is in jeopardy), a public
notice of sale of the property seized shall not be made within such
10-day period unless section 6336 (relating to perishable goods) is
applicable.
(c) Time, place, manner, and conditions of sale. --The
time, place, manner, and conditions of the sale of property seized by
levy shall be as follows:
(1) Time and place of sale. --The time of sale shall not be less than 10 days nor
more than 40 days from the time of giving public notice under section
6335(b) (see paragraph (b) of this section). The place of sale shall be
within the county in which the property is seized, except that if it
appears to the district director under whose supervision the seizure was
made that substantially higher bids may be obtained for the property if
the sale is held at a place outside such county, he may order that the
sale be held in such other place. The sale shall be held at the time and
place stated in the notice of sale.
(2) Adjournment of sale. --When it appears to the district director that an
adjournment of the sale will best serve the interest of the United
States or that of the taxpayer, the district director may adjourn, or
cause the internal revenue officer conducting the sale to adjourn, the
sale from time to time, but the date of the sale shall not be later than
one month after the date fixed in the original notice of sale.
(3) Determinations relating to minimum price
(i)
Minimum price. --Before the sale of property seized by levy, the district director shall
determine a minimum price, taking into account the expenses of levy and
sale, for which the property shall be sold. The internal revenue officer
conducting the sale may either announce the minimum price before the
sale begins, or defer announcement of the minimum price until after the
receipt of the highest bid, in which case, if the highest bid is greater
than the minimum price, no announcement of the minimum price shall be
made.
(ii)
Purchase by the
(a) Marketability
of the property;
(b) Cost
of maintaining the property;
(c) Cost
of repairing or restoring the property;
(d) Cost
of transporting the property;
(e) Cost
of safeguarding the property;
(f) Cost
of potential toxic waste cleanup; and
(g) Other
factors pertinent to the type of property.
(iii)
Effective date. --This paragraph (c)(3) applies to determinations relating to minimum price
made on or after December 17, 1996.
(4) Disposition of property at sale
(i)
(ii)
Property deemed sold to
(iii)
Release to owner. --If the property is not declared to be sold under paragraph (c)(4)(i) or
(ii) of this section, the property shall be released to the owner of the
property and the expense of the levy and sale shall be added to the
amount of tax for the collection of which the United States made the
levy. Any property released under this paragraph (c)(4)(iii) shall
remain subject to any lien imposed by subchapter C of chapter 64 of
subtitle F of the Internal Revenue Code.
(iv)
Effective date. --This paragraph (c)(4) applies to dispositions of property at sale made on
or after December 17, 1996.
(5) Offering of property
(i)
(ii)
Separately, in groups, or in the aggregate. --The
seized property may be offered for sale --
(a) As
separate items, or
(b) As
groups of items, or
(c) In
the aggregate, or
(d) Both
as separate items (or in groups) and in the aggregate. In such cases,
the property shall be sold under the method which produces the highest
aggregate amount.
The
district director shall select whichever of the foregoing methods of
offering the property for sale as, in his opinion, is most feasible
under all the facts and circumstances of the case, except that if the
property to be sold includes both real and personal property, only the
personal property may be grouped for the purpose of offering such
property for sale. However, real and personal property may be offered
for sale in the aggregate, provided the real property, as separate
items, and the personal property as a group, or as groups, or as
separate items, are first offered separately.
(iii)
Condition of title and of property. --Only the right, title, and interest of the delinquent
taxpayer in and to the property seized shall be offered for sale, and
such interest shall be offered subject to any prior outstanding
mortgages, encumbrances, or other liens in favor of third parties which
are valid as against the delinquent taxpayer and are superior to the
lien of the
(iv)
Terms of payment. --The property shall be offered for sale upon whichever of the following
terms is fixed by the district director in the public notice of sale:
(a) Payment
in full upon acceptance of the highest bid, without regard to the amount
of such bid, or
(b) If
the aggregate price of all property purchased by a successful bidder at
the sale is more than $200, an initial payment of $200 or 20 percent of
the purchase price, whichever is the greater, and payment of the balance
(including all costs incurred for the protection or preservation of the
property subsequent to the sale and prior to final payment) within a
specified period, not to exceed one month from the date of the sale.
(6) Method of sale. --The district director shall sell the property either --
(i)
At public
auction, at which open competitive bids shall be received, or
(ii)
At public
sale under sealed bids.
The
following rules, in addition to the other rules provided in this
paragraph, shall be applicable to public sale under sealed bids:
(a) Invitation
to bidders. --Bids
shall be solicited through a public notice of sale.
(b) Form
for use by bidders. --A bid shall be submitted on a form which will be furnished by the
district director upon request. The form shall be completed in
accordance with the instructions thereon.
(c) Remittance
with bid. --If
the total bid is $200 or less, the full amount of the bid shall be
submitted therewith. If the total bid is more than $200, 20 percent of
such bid or $200, whichever is greater, shall be submitted therewith.
(In the case of alternative bids submitted by the same bidder for items
of property offered separately, or in groups, or in the aggregate, the
bidder shall remit the full amount of the highest alternative bid
submitted, if that bid is $200 or less. If the highest alternative bid
submitted is more than $200, the bidder shall remit 20 percent of the
highest alternative bid or $200, whichever is greater.) Such remittance
shall be by a certified, cashier's, or treasurer's check drawn on any
bank or trust company incorporated under the laws of the
(d) Time
for receiving and opening bids. --Each bid shall be submitted in a securely sealed envelope.
The bidder shall indicate in the upper left hand corner of the envelope
his name and address and the time and place of sale as announced in the
public notice of sale. A bid will not be considered unless it is
received by the internal revenue officer conducting the sale prior to
the opening of the bids. The bids will be opened at the time and place
stated in the notice of sale, or at the time fixed in the announcement
of the adjournment of the sale.
(e) Consideration
of bids. --The
public notice of sale shall specify whether the property is to be sold
separately, by groups, or in the aggregate or by a combination of these
methods, as provided in subparagraph (4)(ii) of this paragraph. If the
notice specifies an alternative method, bidders may submit bids under
one or more of the alternatives. In case of error in the extension of
prices in any bid, the unit price will govern. The internal revenue
officer conducting the sale shall have the right to waive any technical
defects in a bid. In the event two or more highest bids are equal in
amount, the internal revenue officer conducting the sale shall determine
the successful bidder by drawing lots. After the opening, examination,
and consideration of all bids, the internal revenue officer conducting
the sale shall announce the amount of the highest bid or bids and the
name of the successful bidder or bidders. Any remittance submitted in
connection with an unsuccessful bid shall be returned at the conclusion
of the sale.
(f) Withdrawal
of bids. --A
bid may be withdrawn on written or telegraphic request received from the
bidder prior to the time fixed for opening the bids. A technical defect
in a bid confers no right on the bidder for the withdrawal of his bid
after it has been opened.
(7) Payment of bid price. --All payments for property sold under this section
shall be made by cash or by a certified, cashier's, or treasurer's check
drawn on any bank or trust company incorporated under the laws of the
United States or under the laws of any State, Territory, or possession
of the United States, or by a United States postal, bank, express, or
telegraph money order. If payment in full is required upon acceptance of
the highest bid, the payment shall be made at such time. If deferred
payment is permitted, the initial payment shall be made upon acceptance
of the bid, and the balance shall be paid on or before the date fixed
for payment thereof. Any remittance submitted with a successful sealed
bid shall be applied toward the purchase price.
(8) Delivery and removal of personal property. --Responsibility
of the
(9) Default in payment. --If payment in full is required upon acceptance of the bid and
is not then and there paid, the internal revenue officer conducting the
sale shall forthwith proceed again to sell the property in the manner
provided in section 6335(e) and the regulations thereunder. If the
conditions of the sale permit part of the payment to be deferred, and if
such part is not paid within the prescribed period, suit may be
instituted against the purchaser for the purchase price or such part
thereof as has not been paid, together with interest at the rate of 6
percent per annum from the date of the sale; or, in the discretion of
the district director, the sale may be declared by the district director
to be null and void for failure to make full payment of the purchase
price and the property may again be advertised and sold as provided in
subsections (b), (c), and (e) of section 6335 and the regulations
thereunder. In the event of such readvertisement and sale, any new
purchaser shall receive such property or rights to property free and
clear of any claim or right of the former defaulting purchaser, of any
nature whatsoever, and the amount paid upon the bid price by such
defaulting purchaser shall be forfeited to the
(10) Stay of sale of seized property pending Tax Court decision.
--For
restrictions on sale of seized property pending Tax Court decision, see
section 6863(b)(3) and the regulations thereunder.
(d) Right to request the sale of seized property
(1) In general. --The owner of any property seized by levy may request that the
district director sell such property within 60 days after such request,
or within any longer period specified by the owner. The district
director must comply with such a request unless the district director
determines that compliance with the request is not in the best interests
of the Internal Revenue Service and notifies the owner of such
determination within the 60 day period, or any longer period specified
by the owner.
(2) Procedures to request the sale of seized property
(i)
Manner. --A
request for the sale of seized property shall be made in writing to the
group manager of the revenue officer whose signature is on Levy Form
668-B. If the owner does not know the group manager's name or address,
the owner may send the request to the revenue officer, marked for the
attention of his or her group manager.
(ii)
Form. --The
request for sale of seized property within 60 days, or such longer
period specified by the owner, shall include:
(A) The name,
current address, current home and work telephone numbers and any
convenient times to be contacted, and taxpayer identification number of
the owner making the request;
(B) A
description of the seized property that is the subject of the request;
(C) A copy of
the notice of seizure, if available;
(D) The
period within which the owner is requesting that the property be sold;
and
(E) The
signature of the owner or duly authorized representative. For purposes
of these regulations, a duly authorized representative is any attorney,
certified public accountant, enrolled actuary, or any other person
permitted to represent the owner before the Internal Revenue Service who
is not disbarred or suspended from practice before the Internal Revenue
Service and who has a written power of attorney executed by the owner.
(3) Notification to owner. --The group manager shall respond in writing to a
request for sale of seized property as soon as practicable after receipt
of such request and in no event later than 60 days after receipt of the
request, or, if later, the date specified by the owner for the sale.
[Reg. §301.6335-1.]
.01 Historical Comment:
Proposed 12/11/54. Adopted 12/31/54 by T.D.
6119. Amended 4/12/72 by T.D.
7180, 3/2/92 by T.D.
8398, 12/16/96 by T.D.
8691 and 1/11/2001 by T.D.
8939. [Reg. §301.6335-1 does not reflect P.L.
105-206 (1998). See ¶38,230.07
and ¶38,234.01.]
|
|
|
|
|
|
|
|
|
|
©
2005, CCH
Tax and Accounting. All Rights Reserved. |
|
Treasury Decision 8398, filed with the Federal Register on
March 2, 1992., I.R.B. 1992-14,12
Sale of seized property: Requests.--Amendments to Reg. §301.6335-1,
relating to requests for the sale of seized property under Code Sec.
6335, are adopted. BACK REFERENCE: 92FED ¶39,131.
AGENCY: Internal Revenue Service, Treasury.
ACTION: Final Regulation.
SUMMARY: This document contains final regulations that provide guidance
relating to requests for the sale of seized property under section
6335(f) of the Internal Revenue Code (the "Code"). Section
6236(g) of the Technical and Miscellaneous Revenue Act of 1988 amended
section 6335 of the Code by inserting subsection (f), which allows the
owner of any property seized by levy to request that the Service sell
the property within 60 days, or within any longer period specified by
the owner. The regulations set forth the person to whom a request for
sale of property should be addressed and what information should be
included in a request.
DATES: These regulations are effective April 1, 1992 and apply to
requests made on or after April 1, 1992. However, any reasonable request
for the sale of seized property made on or after January 1, 1989, and
before the effective date of these regulations will be honored by the
Internal Revenue Service.
FOR FURTHER INFORMATION CONTACT: Kevin B. Connelly, (202) 535-9682 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This
document contains final regulations amending the Procedure and
Administration Regulations (26 CFR part 301) pursuant to section 6335 of
the Code. The regulations reflect the amendment of section 6335 by
section 6236(g) of the Technical and Miscellaneous Revenue Act of 1988
(Pub. L. No. 100-647, 102 Stat. 3342).
Explanation of Provisions
The
Internal Revenue Service published a notice of proposed rulemaking in
the Federal Register on October 9, 1991 (56 FR 50831). Prior to
publication of the notice, the Internal Revenue Service gave the Small
Business Administration the opportunity to comment.
The
Internal Revenue Service received public comments on the proposed
regulation from just one party. The issues raised by that party were
considered prior to the publication of the notice of proposed rulemaking
and are noted below. No changes have been made to the final regulations.
Section
6236(g) of the Technical and Miscellaneous Revenue Act of 1988 amended
section 6335 of the Internal Revenue Code by inserting new subsection
(f), which allows the owner of any property seized by levy to request
that the Service sell the property within 60 days, or within any longer
period specified by the owner. The Secretary must comply with such a
request unless a determination is made that compliance would not be in
the best interests of the
The
regulations provide that a request for the sale of property must be made
in writing to the group manager of the revenue officer whose signature
is on Levy Form 668-B. Often, the taxpayer will know this information
through prior communication with the Internal Revenue Service. If the
owner does not know the group manager's name or address, the owner may
send the request to the revenue officer, marked for the attention of his
or her group manager. The request must include: (1) the name, current
address, current home and work telephone numbers and any convenient
times to be contacted, and the taxpayer identification number of the
owner making the request; (2) a description of the seized property that
is the subject of the request; (3) a copy of the notice of seizure, if
available; (4) the period within which the owner is requesting that the
property be sold; and (5) the signature of the owner or duly authorized
representative.
The
regulations also provide that the group manager shall respond in writing
to a request for the sale of seized property as soon as practicable
after receipt of such request and in any event within 60 days after
receipt of the request or, if later, the date specified by the owner for
the sale.
The
party who submitted public comments has suggested that the period within
which the Internal Revenue Service must respond to a request for sale of
seized property should be shortened so that if the group manager
determines that it would not be in the Internal Revenue Service's best
interests to comply with the owner's request, the owner will have
sufficient time to appeal the group manager's decision prior to the date
by which the owner has requested the sale.
Section
6335 provides that if the Secretary determines that compliance with an
owner's request for sale of seized property would not be in the best
interests of the United States, the owner must be notified of such
determination within the period within which the owner has requested
sale, i.e., 60 days or any longer period specified by the owner.
The regulations simply implement the language of the statute with the
added provision that the group manager should respond to the owner's
request as soon as practicable after receipt of the request.
The
commenter also has suggested that the regulation should provide formal
appeal procedures for the owner in the event the group manager denies
the owner's request. The group manager and the revenue officer are in
the best position to determine whether complying with a taxpayer's
request to sell seized property within 60 days or any longer period
specified by the taxpayer would not be in the best interests of the
Internal Revenue Service. Because of their general duties seizing and
selling property as well as their involvement in specific cases, the
group manager and the revenue officer are most familiar with the various
factors, such as market conditions, that must be considered by the
person responsible for determining whether compliance with a request to
sell property is not in the Service's best interest. In essence, the
determination of whether to comply with a taxpayer's request is just an
extension of the group manager's and the revenue officer's current
duties. An appeal of the group manager's decision to an independent
office outside of the collection function, e.g., the Office of
Appeals, would give someone with no expertise in the area the job of
second guessing the person with the most expertise in the area. In
addition, a formal appeal to another function in Collection is
unnecessary because a taxpayer always has the right to ask a revenue
officer's or group manager's supervisor to review a decision. A formal
appeal process would just prolong the final decision.
Special Analyses
It
has been determined that these rules are not major rules as defined in
Executive Order 12291. It also has been determined that section 553(b)
of the Administrative Procedures Act (5 U.S.C. chapter 5) and the
Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to these
regulations, and, therefore, an initial Regulatory Flexibility Analysis
is not required.
Drafting Information
The
principal author of these regulations is Kevin B. Connelly, Office of
the Assistant Chief Counsel (General Litigation), Internal Revenue
Service. However, personnel from other offices of the Internal Revenue
Service and the Treasury Department participated in their development.
T.D.
8691 IRB 1997-5
[Code Sec. 6335]
Levy:
DEPARTMENT
OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
[TD 8691]
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulations.
SUMMARY: This document contains final regulations relating to the sale
of seized property. The final regulations reflect changes concerning the
setting of a minimum price for seized property by the Tax Reform Act of
1986. The regulations affect all sales of seized property.
EFFECTIVE DATE: [December 17, 1996].
FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Kevin B.
Connelly, (202) 622-3640 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This
document contains amendments to the Procedure and Administration
Regulations (26 CFR part 301) relating to the sale of seized property
under section 6335 of the Internal Revenue Code (Code). The Tax Reform
Act of 1986 amended section 6335(e), relating to the manner and
conditions of sale, to require the Secretary to determine whether it
would be in the best interest of the United States to buy seized
property at the minimum price set by the Secretary. On June 13, 1996, a
notice of proposed rulemaking reflecting this change was published in
the Federal Register (61 FR 30012). No comments responding to the
notice of proposed rulemaking were received, and no public hearing was
requested or held. The final regulations are adopted as proposed.
Explanation
of provisions
Section
1570 of the Tax Reform Act of 1986 amended section 6335(e) of the Code
to require the Secretary to determine before the sale of seized property
whether it would be in the best interest of the
The
regulations reflect the changes made by the Tax Reform Act of 1986. The
regulations authorize district directors to make the required
determination whether it would be in the best interest of the
Special
Analyses
It
has been determined that this Treasury decision is not a significant
regulatory action as defined in EO 12866. Therefore, a regulatory
assessment is not required. It also has been determined that section
553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) and the
Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to these
regulations, and, therefore, a Regulatory Flexibility Analysis is not
required. Pursuant to section 7805(f) of the Internal Revenue Code, the
notice of proposed rulemaking was submitted to the Chief Counsel for
Advocacy of the Small Business Administration for comment on its impact
on small business.
Drafting
Information
The
principal author of these regulations is Kevin B. Connelly, Office of
Assistant Chief Counsel (General Litigation) CC:EL:GL, IRS. However,
other personnel from the IRS and Treasury Department participated in
their development. List of Subjects in 26 CFR Part 301
* * * * *
Adoption of Amendments to the Regulations
Accordingly,
26 CFR part 301 is amended as follows:
PART
301--PROCEDURE AND ADMINISTRATION
Paragraph
1. The authority citation for part 301 continues to read in part as
follows:
Authority:
26 U.S.C. 7805 * * *
Par.
2. Section 301.6335-1 is amended as follows:
1.
Paragraph (c)(3) is revised.
2.
Paragraphs (c)(4) through (c)(9) are redesignated as paragraphs (c)(5)
through (c)(10), respectively.
3.
New paragraph (c)(4) is added.
The
addition and revision read as follows:
§301.6335-1
* * * * *
(c)*
* *
(3)
Determinations relating to minimum price--(i) Minimum price.
Before the sale of property seized by levy, the district director shall
determine a minimum price, taking into account the expenses of levy and
sale, for which the property shall be sold. The internal revenue officer
conducting the sale may either announce the minimum price before the
sale begins, or defer announcement of the minimum price until after the
receipt of the highest bid, in which case, if the highest bid is greater
than the minimum price, no announcement of the minimum price shall be
made.
(ii)
Purchase by the
(a)
Marketability of the property;
(b)
Cost of maintaining the property;
(c)
Cost of repairing or restoring the property;
(d)
Cost of transporting the property;
(e)
Cost of safeguarding the property;
(f)
Cost of potential toxic waste cleanup; and
(g)
Other factors pertinent to the type of property.
(iii)
Effective date. This paragraph (c)(3) applies to determinations
relating to minimum price made on or after [December 17, 1996].
(4)
Disposition of property at sale--(i)
(ii)
Property deemed sold to
(iii)
Release to owner. If the property is not declared to be sold
under paragraph (c)(4)(i) or (ii) of this section, the property shall be
released to the owner of the property and the expense of the levy and
sale shall be added to the amount of tax for the collection of which the
United States made the levy. Any property released under this paragraph
(c)(4)(iii) shall remain subject to any lien imposed by subchapter C of
chapter 64 of subtitle F of the Internal Revenue Code.
(iv)
Effective date. This paragraph (c)(4) applies to dispositions of
property at sale made on or after [December 17, 1996].
*
* * * *
Commissioner
of Internal Revenue Margaret Milner Richardson
Approved:
Acting Assistant Secretary of Treasury
Donald
C. Lubick
T.D.
8939 T.D. 8939
I.R.B. 2001-12, 899 (March 19, 2001)
[Code Sec. 468A, 503, 547, 856, 860, 992, 6081, 6110, 6212, 6303,
6305, 6320, 6325, 6330, 6331, 6332, 6335, 6503, 6672, 6903]
Deficiency: Notice of: Taxpayer's last known address.
DEPARTMENT
OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 301
[TD 8939]
RIN 1545-AX13
Definition of Last Known Address
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final and temporary regulations.
SUMMARY: This document contains final regulations defining last known
address in relation to the mailing of notices of deficiency and
other notices, statements, and documents sent to a taxpayer's last known
address. The final regulations affect taxpayers who receive notices of
deficiency and other notices, statements, and documents sent to
taxpayers' last known addresses.
DATES: Effective date: These regulations are effective January
12, 2001.
Applicability date: For dates of applicability, see §301.6212-2(d).
FOR
FURTHER INFORMATION CONTACT: Charles A. Hall, (202) 622-4940 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This
document contains amendments to the Regulations on Procedure and
Administration (26 CFR part 301) under section 6212(b) relating to the
sufficiency of a notice of deficiency if it is mailed to the last known
address of a taxpayer. This document also contains amendments to the
Income Tax Regulations (26 CFR part 1) and the Regulations on Procedure
and Administration (26 CFR part 301) to provide cross-references to the
last known address rules under section 6212(b) in order to apply those
rules to other notices, statements, and documents required to be sent to
the last known address of a taxpayer.
A
notice of proposed rulemaking (REG-104939-99) was published in the Federal
Register (64 FR 63768) on November 22, 1999. No public hearing was
requested or held. Three written comments were received. After
consideration of the comments, the proposed regulations are adopted as
modified by this Treasury decision. The comments are discussed below.
Explanation
of Revisions
Under
the proposed regulations, the IRS would have accessed the United States
Postal Service (USPS) National Change of Address database (NCOA
database) annually to update all taxpayer address records maintained in
the IRS's automated masterfile for purposes of updating the IRS's
mailing list. The IRS's mailing list contains the last known address for
each taxpayer. In addition, prior to mailing correspondence to any
particular taxpayer from an
The
procedures for updating taxpayer address records maintained in the IRS's
automated masterfile are modified by these regulations. Implementing the
proposed procedures for updating a taxpayer's last known address upon
the mailing of correspondence from a
To
gain access to the NCOA database, the IRS has become a limited licensee
of the NCOA database. The NCOA database is a computerized record of
changes of address maintained by the USPS. This database retains address
changes for a thirty-six month period. As a limited licensee, the IRS
will receive from the USPS a copy of the entire thirty-six month NCOA
database. The IRS's copy of the NCOA database will be retained at the
Martinsburg Computing Center (MCC) in
Beginning
in January 2001, the IRS will access the NCOA database to update
taxpayer address records maintained in the IRS's automated masterfile
for purposes of updating the IRS's mailing list. The IRS plans to
undertake two different procedures in order to assure the most
comprehensive update of taxpayer addresses.
First,
the IRS will compare taxpayer addresses in IRS's records to the most
recent changes of address contained in the weekly updates to the NCOA
database received from the USPS. To accomplish this, the IRS will use
the USPS's FASTCheck system. The FASTCheck System works by comparing key
elements of existing taxpayer address information maintained in IRS
records to an extract of the same elements from the weekly updates to
the NCOA. The key address elements used by IRS to detect possible
matches include primary house number, secondary number, secondary
designator, and nine digit zip code. If there is a match between the key
address elements from IRS records and the key address elements from the
weekly update to the NCOA database, the IRS will then compare the
taxpayer's complete address information in IRS records to the full NCOA
database to determine if there is a change of address for a taxpayer. If
the taxpayer's name and last known address in IRS records match the
taxpayer's name and old mailing address contained in the NCOA database,
the new address in the NCOA database is the taxpayer's last known
address, unless the IRS is given clear and concise notification of a
different address. A match will only be made if the taxpayer's name in
IRS records is the same, within certain tolerances, as is found in the
NCOA database. There may be a delay of up to two to three weeks from the
date a taxpayer notifies the USPS that his or her change of address is
effective and the time the new address is posted to the IRS's automated
masterfile.
In
addition, the IRS plans to annually compare all taxpayer address records
maintained in the IRS's automated masterfile with the full thirty-six
month NCOA database for purposes of updating the IRS's mailing list. The
IRS will begin comparing all taxpayer address records with the full NCOA
database for the first time in January 2001. If the taxpayer's name and
last known address in IRS records match the taxpayer's name and old
mailing address contained in the NCOA database, the new address in the
NCOA database is the taxpayer's last known address, unless the IRS is
given clear and concise notification of a different address. As with the
weekly updates, the names must be the same, within certain tolerances,
in both the IRS's records and the NCOA database. Matching all taxpayer
address records to the full NCOA database will take several months. The
next annual update will be completed by September 30, 2002, and every
September 30th thereafter if the IRS determines that subsequent annual
updates are necessary in addition to the weekly updates.
For
taxpayers who file joint income tax returns under section 6013, the
IRS's automated masterfile is currently only able to retain one address.
Beginning with the processing of tax year 2000 joint income tax returns,
the IRS's automated masterfile will be able to retain a second address.
Therefore, if the NCOA database contains change of address information
for only one spouse from a joint return, the rules of this regulation
will not apply to notices, statements, and other documents mailed before
the processing of the taxpayers' tax year 2000 joint income tax return.
Summary
of Comments
Commentators
also suggested that these regulations refer to section 6672(b)(1) and
section 4103. Because section 6672(b)(1) requires that the IRS mail
notices to the taxpayer's last known address, a cross-reference under §301.6672-1
has been added to these regulations. However, because section 4103 does
not require the IRS to mail notices to the taxpayer's last known
address, no cross-reference is necessary.
A
third commentator suggested that the IRS coordinate these regulations
with Rev. Proc. 90-18 (1990-1 C.B. 491). Rev. Proc. 90-18 will be
updated to incorporate changes made by these final regulations and to
provide rules for oral notification of a change of address, additional
tax forms from which taxpayer addresses will be updated, and additional
Internal Revenue Code sections that require a notice be sent to a
taxpayer's last known address.
The
commentator also asked what is the most recently filed return for
purposes of §301.6212-2(a) of the regulations, i.e., whether different
returns filed by the same taxpayer will update the taxpayer's last known
address. The rules provided in these regulations do not in any way alter
the existing rules for updating a taxpayer's last known address from a
filed return. Section 5.01 of Rev. Proc. 90-18 provides which returns
will update a taxpayer's last known address under a social security
number or an employer identification number. Therefore, an amended
return filed on a Form 1040X with a different address from that which
appeared on the taxpayer's previously filed Form 1040 will update the
taxpayer's last known address of record with the IRS. However, a Form
941 filed by a Schedule C business would not update the address for the
taxpayer's individual income tax account as the Form 941 is filed with
an employer identification number and the individual income tax account
is associated with the taxpayer's social security number.
Finally,
as mentioned above, the commentator noted that accessing the NCOA
database for
Special
Analyses
It
has been determined that this Treasury decision is not a significant
regulatory action as defined in Executive Order 12866. Therefore, a
regulatory assessment is not required. It also has been determined that
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5)
does not apply to these regulations, and because these regulations do
not impose a collection of information on small entities, the Regulatory
Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section
7805(f) of the Internal Revenue Code, the notice of proposed rulemaking
preceding these regulations was submitted to the Chief Counsel for
Advocacy of the Small Business Administration for comment on its impact
on small business.
Drafting
Information
The
principal author of these regulations is Charles A. Hall of the Office
of Associate Chief Counsel, Procedure and Administration (Administrative
Provisions and Judicial Practice Division). However, other personnel
from the IRS and Treasury Department participated in their development.
List
of Subjects
26 CFR Part 1
Income
taxes, Reporting and recordkeeping requirements.
26
CFR Part 301
Employment
taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties,
Reporting and recordkeeping requirements.
Adoption
of Amendments to the Regulations
Accordingly,
26 CFR parts 1 and 301 are amended as follows:
PART
1--INCOME TAXES
Paragraph
1. The authority citation for part 1 continues to read in part as
follows:
Authority:
26 U.S.C. 7805 * * *
Par.
2. In §1.468A-5, paragraph (c)(1)(ii) is amended by adding a sentence
at the end of the paragraph to read as follows:
§1.468A-5
Nuclear decommissioning fund qualification requirements; prohibitions
against self-dealing; disqualification of nuclear decommissioning fund;
termination of fund upon substantial completion of decommissioning.
* * * * *
(c)
* * *
(1)
* * *
(ii)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter.
*
* * * *
Par.
3. In §1.503(a)-1, paragraph (c) concluding text is amended by adding a
sentence at the end of the paragraph to read as follows:
§1.503(a)-1
Denial of exemption to certain organizations engaged in prohibited
transactions.
* * * * *
(c)
* * *
*
* * For further guidance regarding the definition of last known address,
see §301.6212-2 of this chapter.
* * * * *
Par.
4. In §1.547-2, paragraph (b)(1)(v) is amended by adding a sentence
after the third sentence of the paragraph to read as follows:
§1.547-2
Requirements for deficiency dividends.
* * * * *
(b)
* * *
(1)
* * *
(v)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter. * * *
*
* * * *
Par.
5. In §1.856-6, paragraph (g)(5) is amended by adding a sentence after
the first sentence of the paragraph to read as follows:
§1.856-6
Foreclosure property.
* * * * *
(g)
* * *
(5)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter. * * *
*
* * * *
Par.
6. In §1.860-2, paragraph (b)(1)(ii) is amended by adding a sentence
after the fourth sentence of the paragraph to read as follows:
§1.860-2
Requirements for deficiency dividends.
* * * * *
(b)
* * *
(1)
* * *
(ii)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter. * * *
*
* * * *
Par.
7. In §1.963-6, paragraph (c)(5) is amended by adding a sentence after
the second sentence of the paragraph to read as follows:
§1.963-6
Deficiency distribution.
* * * * *
(c)
* * *
(5)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter. * * *
*
* * * *
Par.
8. In §1.992-3, paragraph (c)(3)(iv) is amended by adding a sentence
after the third sentence of the paragraph to read as follows:
§1.992-3
Deficiency distributions to meet qualification requirements.
* * * * *
(c)
* * *
(3)
* * *
(iv)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter. * * *
*
* * * *
Par.
9. In §1.6081-2, paragraph (f) is amended by adding a sentence at the
end of the paragraph to read as follows:
§1.6081-2
Automatic extension of time to file partnership return of income.
* * * * *
(f)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter.
*
* * * *
Par.
10. In §1.6081-3, paragraph (d) is amended by adding a sentence at the
end of the paragraph to read as follows:
§1.6081-3
Automatic extension of time for filing corporation income tax returns.
* * * * *
(d)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter.
*
* * * *
Par.
11. In §1.6081-4, paragraph (c) is amended by adding a sentence at the
end of the paragraph to read as follows:
§1.6081-4
Automatic extension of time for filing individual income tax returns.
* * * * *
(c)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter.
*
* * * *
Par.
12. In §1.6081-6, paragraph (d) is amended by adding a sentence at the
end of the paragraph to read as follows:
§1.6081-6
Automatic extension of time to file trust income tax return.
* * * * *
(d)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter.
*
* * * *
Par.
13. In §1.6081-7, paragraph (d) is amended by adding a sentence at the
end of the paragraph to read as follows:
§1.6081-7
Automatic extension of time to file Real Estate Mortgage Investment
Conduit (REMIC) income tax return.
* * * * *
(d)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2 of this chapter.
*
* * * *
PART 301--PROCEDURE AND ADMINISTRATION
Par.
14. The authority citation for part 301 continues to read in part as
follows:
Authority:
26 U.S.C. 7805 * * *
Par.
15. In §301.6110-4, paragraph (c)(3) is amended by adding a sentence at
the end of the paragraph to read as follows:
§301.6110-4
Communications from third parties.
* * * * *
(c)
* * *
(3)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2.
*
* * * *
Par.
16. In §301.6110-5, paragraph (b)(4) is amended by adding a sentence at
the end of the paragraph to read as follows:
§301.6110-5
Notice and time requirements; actions to restrain disclosure; actions to
obtain additional disclosure.
* * * * *
(b)
* * *
(4)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2.
*
* * * *
Par.
17. In §301.6110-6, paragraph (b)(2)(v) is amended by adding a sentence
at the end of the paragraph to read as follows:
§301.6110-6
Written determinations issued in response to requests submitted before
November 1, 1976.
* * * * *
(b)
* * *
(2)
* * *
(v)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2.
*
* * * *
Par.
18. Section 301.6212-2 is added to read as follows:
§301.6212-2
Definition of last known address.
(a)
General rule. Except as provided in paragraph (b)(2) of this
section, a taxpayer's last known address is the address that appears on
the taxpayer's most recently filed and properly processed Federal tax
return, unless the Internal Revenue Service (IRS) is given clear and
concise notification of a different address. Further information on what
constitutes clear and concise notification of a different address and a
properly processed Federal tax return can be found in Rev. Proc. 90-18
(1990-1 C.B. 491) or in procedures subsequently prescribed by the
Commissioner.
(b)
Address obtained from third party--(1) In general. Except
as provided in paragraph (b)(2) of this section, change of address
information that a taxpayer provides to a third party, such as a payor
or another government agency, is not clear and concise notification of a
different address for purposes of determining a last known address under
this section.
(2)
Exception for address obtained from the
(ii)
Duration of address obtained from NCOA database. The address
obtained from the NCOA database under paragraph (b)(2)(i) of this
section is the taxpayer's last known address until one of the following
events occurs--
(A)
The taxpayer files and the IRS properly processes a Federal tax return
with an address different from the address obtained from the NCOA
database; or
(B)
The taxpayer provides the Internal Revenue Service with clear and
concise notification of a change of address, as defined in procedures
prescribed by the Commissioner, that is different from the address
obtained from the NCOA database.
(3)
Examples. The following examples illustrate the rules of
paragraph (b)(2) of this section:
Example 1. (i)
A is an unmarried taxpayer. The address on A's 1999 Form 1040, U.S.
Individual Income Tax Return, filed on April 14, 2000, and 2000 Form
1040 filed on April 13, 2001, is 1234 Anyplace Street, Anytown, USA
43210. On May 15, 2001, A informs the USPS of a new permanent address (
(ii)
In June 2001 the IRS determines a deficiency for A's 1999 tax year and
prepares to issue a notice of deficiency. The IRS obtains A's address
for the notice of deficiency from IRS records. On June 15, 2001, the
Internal Revenue Service mails the notice of deficiency to A at
Example 2. (i)
The facts are the same as in Example 1, except that instead of
determining a deficiency for A's 1999 tax year in June 2001, the IRS
determines a deficiency for A's 1999 tax year in May 2001.
(ii)
On May 21, 2001, the IRS prepares a notice of deficiency for A and
obtains A's address from IRS records. Because A did not inform the USPS
of the change of address in sufficient time for the IRS to process and
post the new address in Internal Revenue Service's records by May 21,
2001, the notice of deficiency is mailed to 1234 Anyplace Street,
Anytown, USA 43210. For purposes of section 6212(b), the notice of
deficiency mailed on May 21, 2001, is mailed to A's last known address.
Example 3. (i)
C and D are married taxpayers. The address on C and D's 2000 Form 1040,
U.S. Individual Income Tax Return, filed on April 13, 2001, and 2001
Form 1040 filed on April 15, 2002, is 2468 Spring Street, Little City,
USA 97531. On August 15, 2002, D informs the USPS of a new permanent
address (
(ii)
In October 2002 the IRS determines a deficiency for C and D's 2000 tax
year and prepares to issue a notice of deficiency. The Internal Revenue
Service obtains C's address and D's address for the notice of deficiency
from IRS records. On October 15, 2002, the IRS mails a copy of the
notice of deficiency to C at 2468 Spring Street, Little City, USA 97531,
and to D at
(c)
Last known address for all notices, statements, and documents.
The rules in paragraphs (a) and (b) of this section apply for purposes
of determining whether all notices, statements, or other documents are
mailed to a taxpayer's last known address whenever the term last
known address is used in the Internal Revenue Code or the
regulations thereunder.
(d)
Effective Date--(1) In general. Except as provided in
paragraph (d)(2) of this section, this section is effective on January
29, 2001.
(2)
Individual moves in the case of joint filers. In the case of
taxpayers who file joint returns under section 6013, if the NCOA
database contains change of address information for only one spouse,
paragraphs (b)(2) and (3) of this section will not apply to notices,
statements, and other documents mailed before the processing of the
taxpayers' 2000 joint return.
Par.
19. In §301.6303-1, paragraph (a) is amended by adding a sentence at
the end of the paragraph to read as follows:
§301.6303-1
Notice and demand for tax.
* * * * *
(a)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2.
*
* * * *
Par.
20. In §301.6305-1, paragraph (b)(2)(ii) is revised to read as follows:
§301.6305-1
Assessment and collection of certain liability.
* * * * *
(b)
* * *
(2)
* * *
(ii)
The name, social security number, and last known address of the
individual owing the assessed amount. For further guidance regarding the
definition of last known address, see §301.6212-2;
*
* * * *
Par.
21. In §301.6320-1T, paragraph (a)(1) is amended by adding a sentence
at the end of the paragraph to read as follows:
§301.6320-1T
Notice and opportunity for hearing upon filing of notice of Federal tax
lien (temporary).
(a)
* * * (1) * * * For further guidance regarding the definition of last
known address, see §301.6212-2.
*
* * * *
Par.
22. In §301.6325-1, paragraph (f)(2)(ii)(a) is revised to read
as follows:
§301.6325-1
Release of lien or discharge of property.
* * * * *
(f)
* * *
(2)
* * *
(ii)
* * *
(a)
Mailing notice of the revocation to the taxpayer at his last known
address (see §301.6212-2 for further guidance regarding the definition
of last known address); and
*
* * * *
Par.
23. In §301.6330-1T, paragraph (a)(1) is amended by adding a sentence
at the end of the paragraph to read as follows:
§301.6330-1T
Notice and opportunity for hearing prior to levy (temporary).
(a)
* * * (1) * * * For further guidance regarding the definition of last
known address, see §301.6212-2.
*
* * * *
Par.
24. In §301.6331-2, paragraph (a)(1) is amended by adding a sentence
after the second sentence of the paragraph to read as follows:
§301.6331-2
Procedures and restrictions on levies.
(a)
* * * (1) * * * For further guidance regarding the definition of last
known address, see §301.6212-2. * * *
*
* * * *
Par.
25. Section 301.6332-2 is amended as follows:
1.
Paragraphs (b)(1) introductory text, (b)(1)(i), and (b)(1)(ii) are
redesignated as paragraphs (b)(1)(i) introductory text, (b)(1)(i)(A),
and (b)(1)(i)(B), respectively.
2.
In newly designated paragraph (b)(1)(i)(B), the text beginning with the
second sentence is redesignated as paragraph (b)(1)(ii).
3.
Newly designated paragraph (b)(1)(ii) is amended by adding a sentence
after the second sentence of the paragraph.
The
addition reads as follows:
§301.6332-2
Surrender of property subject to levy in the case of life insurance and
endowment contracts.
* * * * *
(b)
* * * (1) In general.
(ii)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2. * * *
*
* * * *
Par.
26. In §301.6335-1, paragraph (b)(1) is amended by adding a sentence
after the third sentence of the paragraph to read as follows:
§301.6335-1
* * * * *
(b)
* * * (1) * * * For further guidance regarding the definition of last
known address, see §301.6212-2. * * *
*
* * * *
Par.
27. In §301.6503(c)-1, paragraph (a) is amended by adding a sentence at
the end of the paragraph to read as follows:
§301.6503(c)-1
Suspension of running of period of limitation; location of property
outside the United States or removal of property from the United States;
taxpayer outside of United States.
(a)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2.
*
* * * *
Par.
28. Section 301.6672-1 is amended by adding a sentence at the end of the
section to read as follows:
§301.6672-1
Failure to collect and pay over tax, or attempt to evade or defeat tax.
*
* * For further guidance regarding the determination of the proper
address for mailing the notice required under section 6672(b)(1), see §301.6212-2.
Par.
29. In §301.6903-1, paragraph (c) is amended by adding a sentence after
the first sentence of the paragraph to read as follows:
§301.6903-1
Notice of fiduciary relationship.
* * * * *
(c)
* * * For further guidance regarding the definition of last known
address, see §301.6212-2. * * *
* * * * *
Robert
E. Wenzel
Deputy
Commissioner of Internal Revenue
Approved: December 11, 2000
Jonathan
Talisman