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    #1

    (Legal) The word 'underlying' in US tax lien context.

    I am translating US Internal Revenue Manual
    The examples are:


    If the underlying tax liability has not been satisfied or is not legally unenforceable, the taxpayer is not entitled to release of the lien. See Beeler v. Commissioner, T.C. Memo. 2009-266; United States v. DeTar, 2009 WL 2252822 (W.D. Mich).


    The effect of a release is extinguishment of both the notice and the underlying assessment lien. IRC § 6325(f). The release itself does not extinguish the underlying liability.


    A discharge of the property means that the federal tax lien is removed from a particular piece of property. This occurs only in limited situations listed in IRC § 6325(b). A discharge of the property must not be confused with a release of the federal tax lien. When the Service releases the federal tax lien, the underlying tax lien is extinguished on all of the taxpayer’s property.



    Does it mean a lien that takes precedence (prior in right), or just a fundamental lien?

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    #2

    Re: (Legal) The word 'underlying' in US tax lien context.

    Wouldn't underlying refer to the property, assets, etc, that the lien will be imposed on? (Not a lawyer)
    Last edited by Tdol; 26-Feb-2014 at 15:50.

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    #3

    Re: (Legal) The word 'underlying' in US tax lien context.

    I am translating US Internal Revenue Manual
    Why? What did you do wrong?

    Does it mean a lien that takes precedence (prior in right), or just a fundamental lien?
    Sorry, I don't understand your question. The "underlying" tax liability would be taxes that are owed. This is the reason why the gov't would place a lien on your property. You owe them money. That is the underlying liability.

    Apparently, when one has a lien put against their property, they are then given a "notice." When the gov't "releases" the lien that means both the "notice" and the "lien" are "extinguished."

    It seems that a "lien" underlies a "notice" and a "liability" underlies a lien.

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    #4

    Re: (Legal) The word 'underlying' in US tax lien context.

    I did nothing wrong.I am an Asian BTW. That's why I know nothing about this kind of tax lien (And I am not a lawyer as well. :D)

    Thank you for your answer. Maybe I think too much because I find that the word 'underlying' may mean 'taking precedence' :S.

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    #5

    Re: (Legal) The word 'underlying' in US tax lien context.

    Not in this case. The lien exists because of the tax owed. If the lien is "released" for some reason, it does not remove the obligation to pay the taxes.

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