Legal Opinion

Applicability of Tax Levies Under 26 U.S.C. § 6334 to Thrift Savings Plan Accounts

Department of Justice Office of Legal Counsel

Decided May 3, 2010Published

1Opinion of the Court

APPLICABILITY OF TAX LEVIES UNDER

26 U.S.C. § 6334

TO THRIFT SAVINGS PLAN ACCOUNTS Thrift Savings Plan accounts are subject to federal tax levies under sections 6331 and 6334 of the Internal Revenue Code. May 3, 2010 MEMORANDUM OPINION FOR THE CHIEF COUNSEL INTERNAL REVENUE SERVICE Your office has asked whether Thrift Savings Plan (“TSP”) accounts, which permit tax- deferred retirement savings for certain federal employees, are subject to federal tax levies under sections 6331 and 6334 of the Internal Revenue Code, notwithstanding a statute that, standing alone, would protect such accounts from…

2Cases cited28 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. United States v. National Bank of CommerceSupreme Court of the United States · 1985
  3. Cisneros v. Alpine Ridge GroupSupreme Court of the United States · 1993
  4. Drye v. United StatesSupreme Court of the United States · 2000
  5. United States v. Stefan IrvingCourt of Appeals for the Second Circuit · 2006

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