26 U.S.C. § 6332

Surrender of property subject to levy

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(a) Requirement

Except as otherwise provided in this section, any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Secretary, surrender such property or rights (or discharge such obligation) to the Secretary, except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process.

(b) Special rule for life insurance and endowment contracts(1) In general

A levy on an organization with respect to a life insurance or endowment contract issued by such organization shall, without necessity for the surrender of the contract document, constitute a demand by the Secretary for payment of the amount described in paragraph (2) and the exercise of the right of the person against whom the tax is assessed to the advance of such amount. Such organization shall pay over such amount 90 days after service of notice of levy. Such notice shall include a certification by the Secretary that a copy of such notice has been mailed to the person against whom the tax is assessed at his last known address.

(2) Satisfaction of levy

Such levy shall be deemed to be satisfied if such organization pays over to the Secretary the amount which the person against whom the tax is assessed could have had advanced to him by such organization on the date prescribed in paragraph (1) for the satisfaction of such levy, increased by the amount of any advance (including contractual interest thereon) made to such person on or after the date such organization had actual notice or knowledge (within the meaning of section 6323(i)(1)) of the existence of the lien with respect to which such levy is made, other than an advance (including contractual interest thereon) made automatically to maintain such contract in force under an agreement entered into before such organization had such notice or knowledge.

(3) Enforcement proceedings

The satisfaction of a levy under paragraph (2) shall be without prejudice to any civil action for the enforcement of any lien imposed by this title with respect to such contract.

Any bank (as defined in section 408(n)) shall surrender (subject to an attachment or execution under judicial process) any deposits (including interest thereon) in such bank only after 21 days after service of levy.

(d) Enforcement of levy(1) Extent of personal liability

Any person who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Secretary, shall be liable in his own person and estate to the United States in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of taxes for the collection of which such levy has been made, together with costs and interest on such sum at the underpayment rate established under section 6621 from the date of such levy (or, in the case of a levy described in section 6331(d)(3), from the date such person would otherwise have been obligated to pay over such amounts to the taxpayer). Any amount (other than costs) recovered under this paragraph shall be credited against the tax liability for the collection of which such levy was made.

(2) Penalty for violation

In addition to the personal liability imposed by paragraph (1), if any person required to surrender property or rights to property fails or refuses to surrender such property or rights to property without reasonable cause, such person shall be liable for a penalty equal to 50 percent of the amount recoverable under paragraph (1). No part of such penalty shall be credited against the tax liability for the collection of which such levy was made.

(e) Effect of honoring levy

Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made who, upon demand by the Secretary, surrenders such property or rights to property (or discharges such obligation) to the Secretary (or who pays a liability under subsection (d)(1)) shall be discharged from any obligation or liability to the delinquent taxpayer and any other person with respect to such property or rights to property arising from such surrender or payment.

(f) Person defined

The term “person,” as used in subsection (a), includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to surrender the property or rights to property, or to discharge the obligation.

(Aug. 16, 1954, ch. 736, 68A Stat. 784; Pub. L. 89–719, title I, § 104(b), Nov. 2, 1966, 80 Stat. 1135; Pub. L. 93–625, § 7(a)(2)(D), Jan. 3, 1975, 88 Stat. 2115; Pub. L. 94–455, title XII, § 1209(d)(3), title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1710, 1834; Pub. L. 99–514, title XV, § 1511(c)(9), Oct. 22, 1986, 100 Stat. 2745; Pub. L. 100–647, title I, § 1015(t)(1), title VI, § 6236(e), Nov. 10, 1988, 102 Stat. 3573, 3739; Pub. L. 101–508, title XI, § 11704(a)(27), Nov. 5, 1990, 104 Stat. 1388–519.)Editorial NotesAmendments

1990—Subsec. (a). Pub. L. 101–508 substituted “this section” for “subsections (b) and (c)”.

1988—Subsec. (a). Pub. L. 100–647, § 6236(e)(2)(A), substituted “subsections (b) and (c)” for “subsection (b)”.

Subsec. (c). Pub. L. 100–647, § 6236(e)(1), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 100–647, § 6236(e)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 100–647, § 1015(t)(1), inserted “and any other person” after “delinquent taxpayer” and struck out sentence at end providing that in the case of a levy which is satisfied pursuant to subsection (b), such organization shall also be discharged from any obligation or liability to any beneficiary arising from such surrender or payment.

Subsec. (e). Pub. L. 100–647, § 6236(e)(1), (2)(B), redesignated subsec. (d) as (e) and substituted “subsection (d)(1)” for “subsection (c)(1)”. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 100–647, § 6236(e)(1), redesignated subsec. (e) as (f).

1986—Subsec. (c)(1). Pub. L. 99–514 substituted “the underpayment rate established under section 6621” for “an annual rate established under section 6621”.

1976—Subsecs. (a), (b). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.

Subsec. (c)(1). Pub. L. 94–455, §§ 1209(d)(3), 1906(b)(13)(A), inserted “(or, in the case of a levy described in section 6331(d)(3), from the date such person would otherwise have been obligated to pay over such amounts to the taxpayer)” after “date of such levy”, and struck out “or his delegate” after “Secretary”.

Subsec. (d). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

1975—Subsec. (c)(1). Pub. L. 93–625 substituted “an annual rate established under section 6621” for “the rate of 6 percent per annum”.

1966—Subsec. (a). Pub. L. 89–719, § 104(b)(1), substituted “Except as otherwise provided in subsection (b), any person” for “Any person”.

Subsec. (b). Pub. L. 89–719, § 104(b)(2), added subsec. (b). Former subsec. (b) redesignated, with amendments, as subsec. (c)(1).

Subsec. (c). Pub. L. 89–719, § 104(b)(2)–(4), redesignated as par. (1) provisions formerly set out as subsec. (b), inserted provisions that any amount other than costs recovered under par. (1) shall be credited against the tax liability for the collection of which the levy was made, and added par. (2). Former subsec. (c) redesignated (e).

Subsec. (d). Pub. L. 89–719, § 104(b)(4), added subsec. (d).

Subsec. (e). Pub. L. 89–719, § 104(b)(3), redesignated former subsec. (c) as (e).

Statutory Notes and Related SubsidiariesEffective Date of 1988 Amendment

Pub. L. 100–647, title I, § 1015(t)(2), Nov. 10, 1988, 102 Stat. 3573, provided that: “The amendment made by this subsection [amending this section] shall apply to levies issued after the date of the enactment of this Act [Nov. 10, 1988].”

Amendment by section 6236(e) of Pub. L. 100–647 applicable to levies issued on or after July 1, 1989, see section 6236(h)(1) of Pub. L. 100–647, set out as a note under section 6331 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–514 applicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) of Pub. L. 99–514, set out as a note under section 47 of this title.

Effective Date of 1976 Amendment

Amendment by section 1209(d)(3) of Pub. L. 94–455 effective only with respect to levies made after Feb. 28, 1977, see section 1209(e) of Pub. L. 94–455, as amended by section 2(c) of Pub. L. 94–528, Oct. 17, 1976, 90 Stat. 2483, set out as a note under section 6334 of this title.

Effective Date of 1975 Amendment

Amendment by Pub. L. 93–625 effective July 1, 1975, and applicable to amounts outstanding on such date or arising thereafter, see section 7(e) of Pub. L. 93–625, set out as an Effective Date note under section 6621 of this title.

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–719 applicable after Nov. 2, 1966, regardless of when title or lien of United States arose or when lien or interest of another person was acquired, with certain exceptions, see section 114(a)–(c) of Pub. L. 89–719, set out as a note under section 6323 of this title.

Notes of Decisions

Cited in 277 cases (12 in the last 5 years), 1956–2025 · leading case: United States v. Nat'l Bank of Com., 472 U.S. 713 (1985).

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United States v. Nat'l Bank of Com., 472 U.S. 713 (1985). · cites it 4× “" [1] Section 6332(a) of the Code, 26 U. S. C. § 6332 (a), then provides that "any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Secretary, surrender such property…”

United States v. Donahue Indus., Inc., Dba Donahue Printing Co., & Rainier Nat'l Bank, 905 F.2d 1325 (9th Cir. 1990). · cites it 9× “The government brought an action in district court in March 1987 to enforce the levy pursuant to section 6332(c) of the Internal Revenue Code of 1954, as amended, 26 U.S.C. § 6332 (c). 2 A year later, the bank moved for summary judgment on the ground that it was not required to…”

Patricia B. Farr v. United States of Am. United Air Lines, Inc., 990 F.2d 451 (9th Cir. 1993). · cites it 6× “The district court granted the motion on grounds that Farr had not stated a claim upon which relief could be granted.”

United States v. Stephen C. Hemmen, 51 F.3d 883 (9th Cir. 1995). · cites it 7× “91 and interest for Hemmen’s failure to honor its levy with respect to the allowed administrative expense claims of the debtor’s president, Falah Tuba Al-Hadid (“Al-Hadid” or “taxpayer”), pursuant to 26 U.S.C. § 6332 (c)(1). The Service contends that the district court erred as…”

Michael Duane, Smith v. Millie R. Kitchen, Randy Komisarek, & Keith Woods, 156 F.3d 1025 (10th Cir. 1998). · cites it 6× “The defendants contended that they were immune from liability under 26 U.S.C. § 6332 (e). After conducting a hearing on the motion, the magistrate judge recommended that Smith’s complaint be dismissed in fight of 26 U.”

Weissman v. United States Postal Serv., 19 F. Supp. 2d 254 (D.N.J. 1998). · cites it 6× “1 Defendant argues that under 26 U.S.C. § 6332 (e) it is immune from suit due to its good faith surrender of rental payments to the.”

Texas Com. Bank-Fort Worth, N.A., Plaintiff-Appellee/cross-Appellant v. United States of Am., Defendant-Appellant/cross-Appellee, 896 F.2d 152 (5th Cir. 1990). · cites it 4× “The IRS counterclaimed under 26 U.S.C. § 6332 (c)(2) for wrongful dishonor of the levy, seeking a 50% penalty against TCB for its failure to surrender the check.”

United States v. Metro. Life Ins., 874 F.2d 1497 (11th Cir. 1989). · cites it 8× “79 under 26 U.S.C.A. § 6332 (c)(1), representing the unelected cash withdrawal value of an annuity contract owned by a delinquent taxpayer, and $10,449.”

Kane v. Capital Guardian Trust Co., 145 F.3d 1218 (10th Cir. 1998). · cites it 5× “That section provides: [A]ny person in possession of (or obligated with respect to) property or rights to property subject to levy upon which levy has been made shall, upon demand ... surrender such property or rights (or discharge *1222 such obligation) .”

A.F.A.B., Inc. v. Town of Old Orchard Beach, 2001 ME 128 (Me. 2001). · cites it 8× “26 U.S.C.A. § 6332 (a) (Supp.2001). Only two defenses are available for a party who fails to comply with a tax levy: (1) a claim that the property in possession is subject to judicial attachment or execution, or (2) a claim that the property in possession is not the taxpayer's…”

Donald E. Moore v. Gen. Motors Pension Plans, Gen. Motors Corp., Nat'l Bank of Detroit, (n.b.d. Bank Na), 91 F.3d 848 (7th Cir. 1996). · cites it 4× “As it believed it was required to under 26 U.S.C. § 6332 , NBD turned over to the IRS $12,540 from Moore’s account.”

United States v. Ruff, 99 F.3d 1559 (11th Cir. 1996). · cites it 8× “Issue on appeal 26 U.S.C. § 6332 (a) requires that “any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Secretary, surrender such property or rights to property” to…”

Show all 277 citing cases →

— 26 U.S.C. § 6332(b) — 1 case

In re Cal-Neva Lodge, Inc., 186 F. Supp. 187 (D. Nev. 1960).

— 26 U.S.C. § 6332(c)(1) — 2 cases

United States v. Cent. Bank of Denver, 843 F.2d 1300 (10th Cir. 1988).

United States v. Collier, 471 F. Supp. 1185 (E.D. Tenn. 1979).

— 26 U.S.C. § 6332(d) — 1 case

Bank of Am. Nat'l Trust & Sav. Ass'n v. Mamakos, 57 F.R.D. 198 (N.D. Cal. 1972).

— 26 U.S.C. § 6332(d)(1) — 1 case

United States v. Braeview Manor, Inc. (In Re Braeview Manor, Inc.), 268 B.R. 523 (N.D. Ohio 2001).

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