The IRS general tax lien, which arises by operation of law under the Internal Revenue Code, is a lien on all property of the taxpayer, not merely a residence. While your residence may be affected by a filed notice of tax lien, the lien applies equally to everything else you own. The IRS has a right to levy against your property (including bank deposits and amounts due you from third parties). The Internal Revenue Code expressly gives the IRS the right to seek recovery from any transferee to whom a delinquent taxpayer has transferred property under certain circumstances.
A qualified tax-law litigator may be able to assist you in resolving this matter. In particular, it may be possible to demonstrate that transferee liability does not exist with respect to this sale, and the buyer's attorney may accept an argument to that effect. Failing that, a threat of litigation to recover the amounts withheld may prevail. Also, a qualified attorney can assist you in negotiating a resolution of the underlying issues with the IRS.
Please contact our office if we may assist you on a professional basis.
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