Taxpayer Bill of Rights  

Taxpayer Bill of Rights II

Studies of Joint and Several Liabilities

Mandates independent studies by Treasury and GAO to analyze:

  • the effects of changing joint and several tax liability to the proportionate tax liability of each spouse, 
  • the effects of restricting tax collection to the tax allocations set out in a divorce decree (for returns filed prior to divorce),
  • the effectiveness of current codified innocent spouse provisions, and
  • the effect of considering community income of a new spouse exempt from levy for taxes incurred by a prior spouse.

The studies are due 6 months after the date of enactment.


Collection Activities

Withdrawal of Liens

Allows the withdrawal of a filed notice of tax lien if:

  • the notice was filed prematurely or not in accordance with IRS procedures, 
  • the taxpayer has entered into an installment agreement to satisfy the liability on the notice of lien (unless the agreement provides otherwise), 
  • the withdrawal will facilitate collection of the tax, or
  • the withdrawal would be in the best interests of both the taxpayer (as determined by the Taxpayer Advocate) and the Government.

The IRS must provide a copy of the withdrawal to the taxpayer and, upon written request of the taxpayer, to other specified institutions.

Effective on the date of enactment.

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