26 U.S.C. § 6340

Records of sale

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(a) Requirement

The Secretary shall, for each internal revenue district, keep a record of all sales of property under section 6335 and of redemptions of such property. The record shall set forth the tax for which any such sale was made, the dates of seizure and sale, the name of the party assessed and all proceedings in making such sale, the amount of expenses, the names of the purchasers, and the date of the deed or certificate of sale of personal property.

(b) Copy as evidence

A copy of such record, or any part thereof, certified by the Secretary shall be evidence in any court of the truth of the facts therein stated.

(c) Accounting to taxpayerThe taxpayer with respect to whose liability the sale was conducted or who redeemed the property shall be furnished—(1) the record under subsection (a) (other than the names of the purchasers);(2) the amount from such sale applied to the taxpayer’s liability; and(3) the remaining balance of such liability.(Aug. 16, 1954, ch. 736, 68A Stat. 789; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 105–206, title III, § 3442(a), July 22, 1998, 112 Stat. 761.)Editorial NotesAmendments

1998—Subsec. (a). Pub. L. 105–206, § 3442(a)(1), struck out “real” after “sales of” and inserted “or certificate of sale of personal property” after “deed”.

Subsec. (c). Pub. L. 105–206, § 3442(a)(2), added subsec. (c).

1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

Pub. L. 105–206, title III, § 3442(b), July 22, 1998, 112 Stat. 762, provided that: “The amendments made by this section [amending this section] shall apply to seizures occurring after the date of the enactment of this Act [July 22, 1998].”

Notes of Decisions

Cited in 2 cases, 1980–1995 · leading case: Brown v. United States, 496 F. Supp. 903 (D.N.J. 1980).

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Brown v. United States, 496 F. Supp. 903 (D.N.J. 1980). · cites it 2× “4 The record of seizure and sale required to be kept by the Secretary for each internal revenue district, 26 U.S.C. § 6340 , copy of which has been supplied by the United States, shows that the sale was to satisfy assessments totalling $936.”

Champ v. Malon, 905 S.W.2d 90 (Mo. Ct. App. 1995). · cites it 2× “On May 3, 1994, in response to an after-trial motion filed by Malón, the trial court admitted into evidence Exhibit 2, known as “Record 21,” on the basis that 26 U.S.C. § 6340 mandated admission. At trial, the court had not admitted Exhibit 2, which consisted of a certified copy…”

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