Application of proceeds of levy

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    • Collection of liability

      • (a) Any money realized by proceedings under this subchapter (whether by seizure, by surrender under section 1052 of this title or by sale of seized property) shall be applied as follows—

        • (1) Expense of levy and sale. First, against the expenses of the proceedings under this subchapter;

        • (2) Specific tax liability on seized property. If the property seized and sold is subject to a tax imposed by any internal revenue law which has not been paid, the amount remaining after applying paragraph (1) shall then be applied against such tax liability (and, if such tax was not previously assessed, it shall then be assessed);

        • (3) Liability of delinquent taxpayer. The amount, if any, remaining after applying paragraphs (1) and (2) shall then be applied against the liability in respect of which the levy was made.

    • Surplus proceeds

      • (b) Any surplus proceeds remaining after the application of subsection (a) of this section shall, upon application and satisfactory proof in support thereof, be credited or refunded by the Director to the person or persons legally entitled thereto.


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