Procedurally Taxing: Appointing a Receiver to Protect Value and Innocent Third Parties (April 16, 2021)

Keith Fogg, Clinical Professor of Law at Harvard Law School, discusses how the ambiguities in federal tax lien IRC 6331 pose problems for the IRS.

The Supreme Court has said that Congress could not have written a broader lien than the federal tax lien.  In addition to the lien, Congress gave the IRS broad powers to take property through levy in IRC 6331.  We can think of these administrative powers as the superpowers bestowed upon the IRS in a Marvel Comics type analogy, yet these powers do not always work against individuals and entities with assets because of the many types of properties owned by taxpayers.

To view the full article, click here: “Appointing a Receiver to Protect Value and Innocent Third Parties”