26 U.S.C. § 7432 — Civil damages for failure to release lien
submitted 38 years ago by Pub. L. 100-647 to r/title-26-INTERNAL-REVENUE-CODE · 297 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
If any officer or employee* of the Internal Revenue Service knowingly, or by reason of negligence, fails to release a lien under section 6325 on property of the taxpayer*, such taxpayer may bring a civil action for damages against the United States in a district court of the United States.
In any action brought under subsection (a), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of—
actual, direct economic damages sustained by the plaintiff which, but for the actions of the defendant, would not have been sustained, plus
the costs of the action.
Claims pursuant to this section shall be payable out of funds appropriated under section 1304 of title 31, United States Code.
A judgment for damages shall not be awarded under subsection (b) unless the court determines that the plaintiff has exhausted the administrative remedies available to such plaintiff within the Internal Revenue Service.
The amount of damages awarded under subsection (b)(1) shall be reduced by the amount of such damages which could have reasonably been mitigated by the plaintiff.
Notwithstanding any other provision of law, an action to enforce liability created under this section may be brought without regard to the amount in controversy and may be brought only within 2 years after the date the right of action accrues.
The Secretary* shall by regulation prescribe reasonable procedures for a taxpayer to notify the Secretary of the failure to release a lien under section 6325 on property of the taxpayer.
Source credit: (Added Pub. L. 100–647, title VI, § 6240(a), Nov. 10, 1988, 102 Stat. 3746.)
- 1988Enacted · Pub. L. 100-647 · 102 Stat. 3746
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-647 on 1988-11-10.
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