Form 668-B

Department of the Treasury — Internal Revenue Service

Levy

(Rev. August 2001)

Due from

Originating Internal Revenue Territory Office

Kind of Tax

Tax

Period Ended

Date of

Assessment

Taxpayer

Identification

Unpaid

Balance of

Statutory

Additions

Total

Number

Assessment

$

$

$

-

Total amount due

$

The amounts shown above are now due, owing, and unpaid to the United States from the above taxpayer for internal revenue taxes. Notice and demand have been made for payment. Chapter 64 of the Internal Revenue Code provides a lien for the above tax and statutory additions. Section 6331 of the Code authorizes collection of taxes by levy on all property or rights to property of a taxpayer, except property that is exempt under section 6334.

Therefore, under the provisions of Code section 6331, so much of the property or rights to property, either real or personal, as may be necessary to pay the unpaid balance of assessment shown, with additions provided by law, including fees, costs, and expenses of this levy, are levied on to pay the taxes and additions.

Dated at

, 20

(Place)

(Date)

Signature of Revenue Officer

Telephone number

Date

			

was asked to be present during inventory.

(Printed name of taxpayer or taxpayer's representative)
The above named individual was present at inventory.

Yes

(Signature of Revenue Officer)

Part 'I

Seizure File

Form 668-B (Rev. 8-2001)

–

Cat. No. 20440G

www.irs.gov

Printed name of Group Manager

Signature

Date

Printed name of Territory Manager

Signature

Date

Printed name of Area Director, if required

Signature

Date

□

□

Applicable Sections of the Internal Revenue Code

Sec. 6321. Lien for taxes

(2) Certain business assets.-Propetry (other than a principal residence) described in subsection (a)(13)(B) shall not be exempt from levy if—

Sec. 6322. Period of lien

Sec. 6323. Validity and Priority Against Certain Persons Sec. 6324. Special Liens for Estate and Gift Taxes Sec. 6325. Release of lien or discharge of property

(A) a district director or assistant district director of the Internal Revenue Service personally approves (in writing) the levy of such property; or

Sec. 6331. Levy and distraint

(B) the Secretary finds that the collection of tax is in jeopardy.

Sec. 6332. Surrender of property subject to levy Sec. 6334. Property exempt from levy

An official may not approve a levy under subparagraph (A) unless the official determines that the taxpayer's other assets subject to collection are insufifcient to pay the amount due, together with expenses of the proceedings.

Sec. 6335. Sale of Seized Property

Sec. 6339. Legal Effect of Certificate of Sale of Personal

Property and Deed of Real Property

(g) Inflation adjustment.

Sec. 6343. Authority to Release Levy and Return

Property

(1) In general. In the case of any calendar year beginning after 1999, each dollar amount referred to in paragraphs (2) and (3) of subsection (a) shall be increased by an amount equal

Sec. 7429. Review of Jeopardy Levy or Assessment Procedures

to--

(A) such dollar amount, multiplied by

Sec. 6331. Levy and Distraint

(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year,

by substituting "calendar year 1998" for "calendar year 1992" in subparagraph (B) thereof.

(a) Authority of Secretary.-If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334)
belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any ofifcer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia by serving a notice of levy on the employer (as defined in section 3401 (d)) of such officer, employee, or elected ofifcial. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section.

Sec. 6335. Sale of Seized Property

(1) Right to Request Sale of Seized Property Within 60 Days.-The owner of any property seized by levy may request that the Secretary sell such property within 60 days after such request (or within such longer period as may be specified by the owner). The Secretary shall comply with such request unless the Secretary determines (and notifies the owner within such period) that such compliance would not be in the best interests of the United States.

Sec. 6343. Authority to Release Levy and Return Property
(a) Release of Levy and Notice of Release.-

(b) Seizure and Sale of Properyt:T he term "levy" as used in this title includes the power of distraint and seizure by any means. Except as otherwise provided in subsection (e), a levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the Secretary may levy upon property or rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible or intangible).

(1) In general: Under regulations prescribed by the Secretary, the Secretary shall release the levy upon all, or part of, the property or rights to property levied upon and shall promptly notify the person upon whom such levy was made (if any) that such levy has been released if-

(A) the liability for which such levy was made is satisfied or becomes unenforceable by reason of lapse of time,

(f) Uneconomical Levy.-No levy may be made on any property if the amount of the expenses which the Secretary estimates (at the time of levy) would be incurred by the Secretary with respect to the levy and sale of such property exceeds the fair market value of such property at the time of levy.

(B) release of such levy will facilitate the collection of such liability,

(C) the taxpayer has entered into an agreement under section 6159 to satisfy such liability bY means of installment payments, unless such agreement provides otherwise,

Sec. 6334. Property Exempt from Levy.
(a) Enumeration.-There shall be exempt from levy‑

(D) the Secretary has determined that such levy is creating an economic hardship due to the financial condition of the taxpayer, or

(1) Wearing apparel and school books.-Such items of wearing apparel and such school books as are necessary for the taxpayer or members of his family.

(E) the fair market value of the property exceeds such liability and release of the levy on a part of such property could be made without hindering the collection of such liability.

(2) Fuel, provisions, furniture, and personal effects.-So much of the fuel, provisions, furniture, and personal effects in the taxpayer's household, and of the arms for personal use, livestock, and poultry of the taxpayer, as does not exceed $6,250 in value.

For purposes of subparagraph (C), the Secretary is not required to release such levy if such release would jeopardize the secured creditor status of the Secretary.

(3) Books and tools of a trade, business or Profession.-So many of the books and tools necessary for the trade, business, or profession of the taxpayer as does not exceed in the aggregate $3,125 in value.

(2) Expedited determination on certain business property: In the case of any tangible personal property essential in carrying on the trade or business of the taxpayer, the Secretary shall provide for an expedited determination under paragraph (1) if levy on such tangible personal property would prevent the taxpayer from carrying on such trade or business.

(13) Residences exempt in small deficiency cases and principal residences and certain business assets exempt in absence of certain approval or jeopardy.

(3) Subsequent Levy.-The release of levy on any property under paragraph (1) shall not prevent any subsequent levy on such property.

(A) Residences in small deficiency cases. If the amount of the levy does not exceed

$5,000

(i) any real property used as a residence by the taxpayer, or

(ii) any real property of the taxpayer (other than real property, which is rented) used

by any other individual as a residence.

(B) Principal residences and certain business assets: Except to the extent provided in subsection (e)—

(i) the principal residence of the taxpayer (within the meaning of section 121); and

(ii) tangible personal property or real property (other than real property which is

rented) used in the trade or business of an individual taxpayer.

)E) Levy allowed on principal residences and certain business assets in certain circumstances.

(1) Principal residences

(A) Approval required. A principal residence shall not be exempt from levy if a judge or magistrate of a district court of the United States approves (in writing) the levy of such residence.

(B) Jurisdiction. The district courts of the United States shall have exclusive jurisdiction to approve a levy under subparagraph (A).

Cat. No. 20440G

Form 668-B (Rev. 8-2001)