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Second Request IRS Levy

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bob627

Junior Member
What is the name of your state? California

My original question was "Can the IRS levy & take a home being paid for
by "tenants in common"? Two people, not related. Can someone help??
Thank You
 


LdiJ

Senior Member
bob627 said:
What is the name of your state? California

My original question was "Can the IRS levy & take a home being paid for
by "tenants in common"? Two people, not related. Can someone help??
Thank You
The IRS can put a lien on any asset which a taxpayer owns. It doesn't matter if a second party is also an owner of the property.
 

Kansas4me

Member
This website is a long read but if you can get through it it is helpful. From what I have read it says that the lien can be attached to joint held property, but only to his interest. Meaning that if you divorce him and the home has to sale in the divorce, the lien will come out of his portion of the sale and not yours.

http://www.irstax.com/irslien.htm

In the case of property held in joint tenancy, the federal tax lien attaches to the taxpayer’s proportionate interest. As long as neither the owners, nor security holders (including the IRS) take any action to dispose of the property, the lien will remain a dormant right against the property and will not impede its use by the owners. In the event that the taxpayer against whom the lien is outstanding predeceases any of the other joint tenants, the lien ceases to attach to the property and the IRS is left holding the bag, Fecarotta v. United States, 154 F. Supp. 592 (D. Ariz. 1956).
 

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