Defaulting purchaser forfeits entire payment at IRS sale

Plain-English summary

Chief Counsel considered a deferred-payment IRS property sale in which the purchaser defaulted and the area director declared the sale void. The question was whether the IRS could return part of the purchaser's prior payment before reselling the property. Section 6335(e)(3) and its regulation state that any amount paid by a defaulting bidder must be forfeited. Chief Counsel found no discretion in the Code, regulations, or Internal Revenue Manual to refund any portion of the payment.

Ruling snapshot

• Question: May the IRS refund part of a defaulting purchaser's payment after voiding a deferred-payment sale?
• Outcome: Advice given: no, the entire amount paid must be forfeited.
• Key authorities: IRC § 6335(e)(3); Treas. Reg. § 301.6335-1(c)(9); IRM §§ 5.10.6.5.1(2) and 3.17.63

Full text (IRS public release)

ID: CCA_2021021011190596
UILC: 6335.06-00

Number: 202129013
Release Date: 7/23/2021
From: ---------------------
Sent: Wednesday, February 10, 2021 11:19:05 AM
To: -------------------------
Cc: --------------------------
Bcc:
Subject: RE: 6335(e)(3) Inquiry

Good morning.

You asked whether, if the area director declares a sale null and void as the result of the default in payment by a purchaser in a deferred payment sale and resells the property, the Service has any discretion to return a portion of the amount paid or whether the entire amount paid must be forfeited. Discretion to return to the purchaser any portion of the amount paid is not stated in or implied in the Code or the Treasury Regulations. Both provide that any amount paid by a defaulting bidder “shall be forfeited.” I.R.C. § 6335(e)(3); Treas. Reg. § 301.6335-1(c)(9). Similarly, there is nothing in the IRM that suggests any circumstances under which the Service would have the ability to return any portion of the amount forfeited under section 6335(e)(3). In fact, the IRM has special accounting procedures for how the Service is to handle forfeited bid-in amounts. See I.R.M. 5.10.6.5.1(2) (cross-referencing I.R.M. 3.17.63).