26 U.S.C. § 6325: Release of lien or discharge of property

The Secretary finds that the liability for the amount assessed, together with all interest in respect thereof, has been fully satisfied or has become legally unenforceable; or There is furnished to the Secretary and accepted by him a bond that is conditioned upon the payment of the amount assessed, together with all interest in respect thereof, within the time prescribed by law (including any extension of such time), and that is in accordance with such requirements relating to terms, conditions, and form of the bond and sureties thereon, as may be specified by such regulations. Subject to such regulations as the Secretary may prescribe, the Secretary may issue a certificate of discharge of any part of the property subject to any lien imposed under this chapter if the Secretary finds that the fair market value of that part of such property remaining subject to the lien is at least double the amount of the unsatisfied liability secured by such lien and the amount of all other liens upon such property which have priority over such lien. there is paid over to the Secretary in partial satisfaction of the liability secured by the lien an amount determined by the Secretary, which shall not be less than the value, as determined by the Secretary, of the interest of the United States in the part to be so discharged, or the Secretary determines at any time that the interest of the United States in the part to be so discharged has no value. Subject to such regulations as the Secretary may prescribe, the Secretary may issue a certificate of discharge of any part of the property subject to the lien if such part of the property is sold and, pursuant to an agreement with the Secretary, the proceeds of such sale are to be held, as a fund subject to the liens and claims of the United States, in the same manner and with the same priority as such liens and claims had with respect to the discharged property. deposits with the Secretary an amount of money equal to the value of the interest of the United States (as determined by the Secretary) in the property; or furnishes a bond acceptable to the Secretary in a like amount. the unsatisfied liability giving rise to the lien can be satisfied from a source other than such property; or the value of the interest of the United States in the property is less than the Secretary’s prior determination of such value. apply the amount deposited, or collect on such bond, to the extent necessary to satisfy the unsatisfied liability secured by the lien; and refund (with interest as described in subparagraph (B)) any portion of the amount deposited which is not used to satisfy such liability. Subparagraph (A) shall not apply if the owner of the property is the person whose unsatisfied liability gave rise to the lien. Subject to such regulations as the Secretary may prescribe, the Secretary may issue a certificate of discharge of any or all of the property subject to any lien imposed by section 6324 if the Secretary finds that the liability secured by such lien has been fully satisfied or provided for. there is paid over to the Secretary an amount equal to the amount of the lien or interest to which the certificate subordinates the lien of the United States, the Secretary believes that the amount realizable by the United States from the property to which the certificate relates, or from any other property subject to the lien, will ultimately be increased by reason of the issuance of such certificate and that the ultimate collection of the tax liability will be facilitated by such subordination, or in the case of any lien imposed by section 6324B, if the Secretary determines that the United States will be adequately secured after such subordination. If the Secretary determines that, because of confusion of names or otherwise, any person (other than the person against whom the tax was assessed) is or may be injured by the appearance that a notice of lien filed under section 6323 refers to such person, the Secretary may issue a certificate that the lien does not attach to the property of such person. in the case of a certificate of release, such certificate shall be conclusive that the lien referred to in such certificate is extinguished; in the case of a certificate of discharge, such certificate shall be conclusive that the property covered by such certificate is discharged from the lien; in the case of a certificate of subordination, such certificate shall be conclusive that the lien or interest to which the lien of the United States is subordinated is superior to the lien of the United States; and in the case of a certificate of nonattachment, such certificate shall be conclusive that the lien of the United States does not attach to the property of the person referred to in such certificate. by mailing notice of such revocation to the person against whom the tax was assessed at his last known address, and by filing notice of such revocation in the same office in which the notice of lien to which it relates was filed (if such notice of lien had been filed). Notwithstanding any other provision of this subtitle, any lien imposed by this chapter shall attach to any property with respect to which a certificate of discharge has been issued if the person liable for the tax reacquires such property after such certificate has been issued. If a certificate or notice issued pursuant to this section may not be filed in the office designated by State law in which the notice of lien imposed by section 6321 is filed, such certificate or notice shall be effective if filed in the office of the clerk of the United States district court for the judicial district in which such office is situated. For provisions relating to bonds, see chapter 73 (sec. 7101 and following). which are filed after December 31, 1982 , which are satisfied after December 31, 1982 , or with respect to which the taxpayer after December 31, 1982 , requests the Secretary of the Treasury or his delegate to issue a certificate of release on the grounds that the liability was satisfied or legally unenforceable.”