26 U.S.C. § 7506

Administration of real estate acquired by the United States

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(a) Person charged with

The Secretary shall have charge of all real estate which is or shall become the property of the United States by judgment of forfeiture under the internal revenue laws, or which has been or shall be assigned, set off, or conveyed by purchase or otherwise to the United States in payment of debts or penalties arising under the laws relating to internal revenue, or which has been or shall be vested in the United States by mortgage or other security for the payment of such debts, or which has been redeemed by the United States, and of all trusts created for the use of the United States in payment of such debts due them.

(b) Sale

The Secretary, may, at public sale, and upon not less than 20 days’ notice, sell and dispose of any real estate owned or held by the United States as aforesaid.

Until such sale, the Secretary may lease such real estate owned as aforesaid on such terms and for such period as the Secretary shall deem proper.

(d) Release to debtor

In cases where real estate has or may become the property of the United States by conveyance or otherwise, in payment of or as security for a debt arising under the laws relating to internal revenue, and such debt shall have been paid, together with the interest thereon, at the rate of 1 percent per month, to the United States, within 2 years from the date of the acquisition of such real estate, it shall be lawful for the Secretary to release by deed or otherwise convey such real estate to the debtor from whom it was taken, or to his heirs or other legal representatives.

(Aug. 16, 1954, ch. 736, 68A Stat. 896; Pub. L. 89–719, title I, § 111(b), Nov. 2, 1966, 80 Stat. 1145; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)Editorial NotesAmendments

1976—Subsecs. (a) to (d). Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

1966—Subsec. (a). Pub. L. 89–719 inserted reference to real estate which has been redeemed by the United States.

Statutory Notes and Related SubsidiariesEffective 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 4 cases, 1991–2000 · leading case: Sally Conforte v. United States of Am., 979 F.2d 1375 (9th Cir. 1993).

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Sally Conforte v. United States of Am., 979 F.2d 1375 (9th Cir. 1993). “' The provisions of 26 U.S.C. § 7506 (d) permitting release of property conveyed to the United States as security for a'debt if the debt is paid have no relevance here; the debt was not paid.”

Eaton v. Onan Corp., 117 F. Supp. 2d 812 (S.D. Ind. 2000). “Plaintiffs assert that the heading was the result of last minute revisions of the massive OBRA 1986 bill, and they have cited "26 U.S.C. § 7506” as providing that captions and headings shall have no meaning in interpreting a statute.”

Bonnett Enter., Inc. v. United States, 889 F. Supp. 208 (W.D. Pa. 1995). · cites it 2× “Plaintiff alleged that, on April 4, 1994, the IRS solicited sealed bids for the sale of property located at 207 Fawn Street, Plum Borough, under § 7506 of the Internal Revenue Code, 26 U.S.C. § 7506 (b). The IRS had acquired this property as a result of a redemption from David,…”

Conforte v. United States, 125 B.R. 287 (D. Nev. 1991). · cites it 2× “NATURE OF THE ACTION The plaintiff, Sally Conforte (“Con-forte”), commenced this action against the defendants, United States of America, Internal Revenue Service (“IRS”), and other named officers and agents of the IRS seeking (1) a preliminary and permanent injunction as to the…”

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