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Treas. Reg. § 301.6331-1: Federal Levy Procedure

The Treasury regulation under section 6331 explains federal levy authority and procedural rules that operate alongside the statute and IRS collection guidance.

Treasury Regulation section 301.6331-1 implements the federal levy authority found in Internal Revenue Code section 6331. It addresses the government’s collection power after notice and demand, including levy upon property and rights to property subject to statutory limits.

Why the regulation matters

The Code states the governing authority. The regulation supplies administrative detail. IRS publications and Internal Revenue Manual provisions may explain agency practice, but they do not replace the statute and regulation. A proper levy analysis identifies which source answers each question.

The notice sequence still matters

Levy authority does not mean every asset can be taken at any time. Notice requirements, Collection Due Process rights, statutory exceptions, exemptions, pending proceedings, installment-agreement restrictions, bankruptcy, hardship, and the collection period can affect enforcement.

Apply the rule to the particular levy

A wage levy, bank levy, account-receivable levy, state-refund levy, and seizure of tangible property do not operate identically. The levy form, service date, property held by the recipient, tax periods, and release grounds should be examined separately.

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