11.028 Unreleased IRS Lien

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Requirement 11.028

Unreleased IRS Lien

 

Unreleased IRS Tax Lien:  The Internal Revenue Service filed a tax lien against John Q. Owner on January 3, 1978,  in Real Property Book 500, page 1.  The assessment date for the lien was December 5, 1977, and the amount of the unpaid taxes was $500.00.

Generally, an IRS tax lien endures for only ten years following the date of assessment.  There are some circumstances, however, that will extend the duration of the lien, such as a written agreement by the taxpayer, the commencement of an enforcement suit, or the removal of the taxpayer to a location outside the United States.

The assessment for the John Q. Owner tax lien was almost twelve  years ago.  For that reason, an extension of the lien beyond 1978  becomes almost inconceivable, even though the DeWitt  County probate records cannot refute the possibility of an extension.  For that reason, we classify the possibility of a title failure due to an enforcement of the tax lien against the lands formerly owned by John Q. Owner as a reasonable business that the normal oil and gas operator would be willing to assume.

Requirement:  If you are unwilling to assume the reasonable business risk of title failure arising from the tax lien against John Q. Debtor, please advise us accordingly, and we shall request curative materials that will establish the termination of the lien.

Copyright 2011 by Edward G, Hawkins. All rights reserved.