OPINION OF THE COURT
EC TERM OF YEARS TRUST V. UNITED STATES
550 U. S. ____ (2007)
SUPREME COURT OF THE UNITED STATES
NO. 05-1541
EC TERM OF YEARS TRUST, PETITIONER
v.
UNITED STATES
on writ of certiorari to the united states court of
appeals for the fifth circuit
[April 30, 2007]
Justice Souter delivered the
opinion of the Court.
This is a challenge to the
Internal Revenue Service’s levy upon the property of a trust, to
collect taxes owed by another, an action specifically authorized by
26 U. S. C. §7426(a)(1), but subject to a statutory filing
deadline the trust missed. The question is whether the trust may
still challenge the levy through an action for tax refund under 28
U. S. C. §1346(a)(1). We hold that it may not.
I
The Internal Revenue Code
provides that “[i]f any person liable to pay any tax neglects or
refuses to pay the same after demand, the amount … shall be a lien
in favor of the United States upon all property and rights to
property, whether real or personal, belonging to such person.” 26
U. S. C. §6321. “A federal tax lien, however, is not
self-executing,” and the IRS must take “[a]ffirmative action … to
enforce collection of the unpaid taxes.”
United States v.
National Bank of Commerce,
472 U. S. 713, 720
(1985). One of its “principal tools,”
ibid., is a levy,
which is a “legally sanctioned seizure and sale of property,”
Black’s Law Dictionary 926 (8th ed. 2004); see also §6331(b) (“The
term ‘levy’ as used in this title includes the power of distraint
and seizure by any means”).
To protect against a
“ ‘wrongful’ ” imposition upon “property which is not the
taxpayer’s,” S. Rep. No. 1708, 89th Cong., 2d Sess., 30
(1966), the Federal Tax Lien Act of 1966 added §7426(a)(1),
providing that “[i]f a levy has been made on property … any person
(other than the person against whom is assessed the tax out of
which such levy arose) who claims an interest in … such property
and that such property was wrongfully levied upon may bring a civil
action against the United States in a district court.” 80 Stat.
1143. The action must, however, be brought before “the expiration
of 9 months from the date of the levy.”[
Footnote 1] §6532(c)(1). This short limitations period
contrasts with its counterpart in a tax refund action under 28 U.
S. C. §1346(a)(1), which begins with an administrative claim
that may be filed within at least two years, and may be brought to
court within another two after an administrative denial.[
Footnote 2] The demand for greater
haste when a third party contests a levy is no accident; as the
Government explained in the hearings before passage of the Act,
“[s]ince after seizure of property for nonpayment of taxes [an IRS]
district director is likely to suspend further collection
activities against the taxpayer, it is essential that he be advised
promptly if he has seized property which does not belong to the
taxpayer.” Hearings on H. R. 11256 and H. R. 11290 before
the House Committee on Ways and Means, 89th Cong., 2d Sess., 57–58
(1966) (written statement of Stanley S. Surrey, Assistant Secretary
of the Treasury); see also
id., at 72 (statement of
Laurens Williams, Chairman, Special Committee on Federal Liens,
American Bar Association) (“A short (9 month) statute of
limitations is provided, because it is important to get such
controversies decided quickly so the Government may pursue the
taxpayer’s own property if it made a mistake the first time”).
II
After Elmer W. Cullers, Jr., and
Dorothy Cullers established the EC Term of Years Trust in 1991, the
IRS assessed federal tax liabilities against them for what the
Government claimed (and the Trust does not dispute, see Tr. of Oral
Arg. 7) were unwarranted income tax deductions in the 1980s. The
Government assumed that the Cullerses had transferred assets to the
Trust to evade taxes, and so filed a tax lien against the Trust in
August 1999. The Trust denied any obligation, but for the sake of
preventing disruptive collection efforts by the IRS, it deposited
funds in a bank account, against which the IRS issued a notice of
levy to the bank in September 1999. In October, the bank responded
with a check for over $3 million to the United States Treasury.
Almost a year after that, the
Trust (joined by several other trusts created by the Cullerses)
brought a civil action under 26 U. S. C. §7426(a)(1) claiming
wrongful levies, but the District Court dismissed it because the
complaint was filed after the 9-month limitations period had
expired, see §6532(c)(1). The court also noted that tax-refund
claims under 28 U. S. C. §1346(a)(1) were not open to the
plaintiff trusts because §7426 “ ‘affords the exclusive remedy
for an innocent third party whose property is confiscated by the
IRS to satisfy another person’s tax liability.’ ”
BSC Term
of Years Trust v.
United States, 2001–1 USTC ¶50,174,
p. 87,237, n. 1, 87 AFTR 2d ¶2001–390, p. 2001–547, n. 1
(WD Tex., 2000) (quoting
Texas Comm. Bank Fort Worth,
N. A. v.
United States, 896 F. 2d 152,
156 (CA5 1990); emphasis deleted). At first the Trust sought review
by the Court of Appeals for the Fifth Circuit, but then voluntarily
dismissed its appeal.
BSC Term of Years Trust v.
United States, 87 AFTR 2d ¶2001–1039, p. 2001–2532
(2001).
After unsuccessfully pursuing a tax refund at
the administrative level, the Trust filed a second action, this one
for a refund under §1346(a)(1). The District Court remained of the
view that a claim for a wrongful levy under §7426(a)(1) had been
the sole remedy possible and dismissed.[
Footnote 3] The Court of Appeals for the Fifth Circuit
affirmed.
Because the Ninth Circuit, on the contrary,
has held that §7426(a)(1) is not the exclusive remedy for third
parties challenging a levy, see
WWSM Investors v.
United States, 64 F. 3d 456 (1995), we granted
certiorari to resolve the conflict, 549 U. S.___ (2006). We
affirm.
III
“In a variety of contexts the
Court has held that a precisely drawn, detailed statute pre-empts
more general remedies.”
Brown v.
GSA,
425 U. S. 820, 834
(1976); see
Block v.
North Dakota ex rel. Board of
Univ. and School Lands,
461 U. S. 273, 284–286
(1983) (adverse claimants to real property of the United States may
not rely on “officer’s suits” or on other general remedies because
the Quiet Title Act of 1972 is their exclusive recourse); see also
Stonite Products Co. v.
Melvin Lloyd Co.,
315 U. S. 561
(1942) (venue in patent infringement cases is governed by a statute
dealing specifically with patents, not a general venue provision).
It braces the preemption claim when resort to a general remedy
would effectively extend the limitations period for the specific
one. See
Brown v.
GSA,
supra, at 833
(rejecting an interpretation that would “driv[e] out of currency” a
narrowly aimed provision “with its rigorous … time limitations” by
permitting “access to the courts under other, less demanding
statutes”); see also
Rancho Palos Verdes v.
Abrams,
544
U. S. 113, 122–123 (2005) (concluding that 47 U. S. C.
§332(c) precludes resort to the general cause of action under 42 U.
S. C. §1983, in part because §332 “limits relief in ways that
§1983 does not” by requiring judicial review to be sought within 30
days); 544 U. S., at 130, n. (Stevens, J., concurring in judgment)
(same).
Resisting the force of the
better-fitted statute requires a good countervailing reason, and
none appears here. Congress specifically tailored §7426(a)(1) to
third party claims of wrongful levy, and if third parties could
avail themselves of the general tax refund jurisdiction of
§1346(a)(1), they could effortlessly evade the levy statute’s
9-month limitations period thought essential to the Government’s
tax collection.
The Trust argues that in
United
States v.
Williams,
514 U. S. 527 (1995), we
construed the general jurisdictional grant of §1346(a)(1)
expansively enough to cover third parties’ wrongful levy claims.
So, according to the Trust, treating §7426(a)(1) as the exclusive
avenue for these claims would amount to a disfavored holding that
§7426(a)(1) implicitly repealed the pre-existing jurisdictional
grant of §1346(a)(1). See
Radzanower v.
Touche Ross
& Co.,
426
U. S. 148 (1976);
Morton v.
Mancari,
417 U. S. 535
(1974).
But the Trust reads
Williams too
broadly. Although we decided that §1346(a)(1) authorizes a
tax-refund claim by a third party whose property was subjected to
an allegedly wrongful tax lien, we so held on the specific
understanding that no other remedy, not even a timely claim under
§7426(a)(1), was open to the plaintiff in that case. See
Williams,
supra, at 536–538. Here, on the
contrary, the Trust challenges a levy, not a lien, and could have
made a timely claim under §7426(a)(1) for the relief it now seeks
under §1346(a)(1).[
Footnote
4]
And even if the canon against implied repeals
applied here, the Trust still could not prevail. We simply cannot
reconcile the 9-month limitations period for a wrongful levy claim
under §7426(a)(1) with the notion that the same challenge would be
open under §1346(a)(1) for up to four years. See
Posadas
v.
National City Bank,
296 U. S. 497, 503
(1936) (“[W]here provisions in the two acts are in irreconcilable
conflict, the later act to the extent of the conflict constitutes
an implied repeal of the earlier one”). On this point, the Trust
proposes that the two statutory schemes can be “harmonized” by
construing the deadline for filing §7426(a)(1) claims to cover only
those actions seeking “pre-deprivation” remedies unavailable under
§1346(a)(1). See Reply Brief for Petitioner 6. But this reading
would violate the clear text of §7426(a)(1), which on its face
applies to pre-deprivation and post-deprivation claims alike. See
26 U. S. C. §7426(a)(1) (“Such action may be brought without
regard to whether such property has been surrendered to or sold by
the Secretary”).
* * *
The Trust missed the deadline for
challenging a levy under §7426(a)(1), and may not bring the
challenge as a tax refund claim under §1346(a)(1). The judgment of
the Court of Appeals is accordingly affirmed.
It is so ordered.
Footnote 1
This period can be extended for up to 12
months if the third party makes an administrative request for the
return of the property wrongfully levied upon. See 26 U. S. C.
§6532(c)(2).
Footnote 2
Title 28 U. S. C. §1346(a)(1) gives
district courts “jurisdiction, concurrent with the United States
Court of Federal Claims,” over “[a]ny civil action against the
United States for the recovery of,” among other things, “any
internal-revenue tax alleged to have been erroneously or illegally
assessed or collected.” A taxpayer may bring such an action within
two years after the IRS disallows the taxpayer’s administrative
refund claim. See 26 U. S. C. §§6532(a)(1)–(2); see also
§7422(a) (requiring a taxpayer to file the administrative claim
before seeking a refund in court). An administrative refund claim
must, in turn, be filed within two years from the date the tax was
paid or three years from the time the tax return was filed,
whichever is later. See §6511(a).
Footnote 3
The District Court declined to dismiss the
Trust’s claim on res judicata grounds, and the Government does not
argue claim or issue preclusion in this Court, see Brief for United
States 5, n. 2.
Footnote 4
It has been commonly understood that
Williams did not extend §1346(a)(1) to parties in the
Trust’s position. See 434 F. 3d 807, 810 (CA5 2006) (case
below) (“To construe
Williams to allow an alternative
remedy under §1346, with its longer statute of limitations period,
would undermine the surety provided by the clear avenue to recovery
under §7426” (citation omitted));
Dahn v.
United
States, 127 F. 3d 1249, 1253 (CA10 1997) (“[T]here were
no tax levies involved in
[Williams]. Thus, the Court was
concerned solely with the reach of §1346 per se; the exclusivity of
a concurrent §7426 claim was never in issue. Indeed, the Court
specifically emphasized the inapplicability of §7426 (or any other
meaningful remedy) to reinforce its broad reading of §1346”);
WWSM Investors v.
United States, 64 F. 3d
456, 459 (CA9 1995) (Brunetti, J., dissenting) (“The Supreme Court
recognized
Williams as a refund, not a wrongful levy,
case, and [did not] even hint that §7426 was not the exclusive
remedy for a claimed
wrongful levy”); Rev. Rul. 2005–49,
2005–2 Cum. Bull. 126 (“The rationale in
Williams is
inapplicable to wrongful levy suits because Congress created an
exclusive remedy under section 7426 for third persons claiming an
interest in property levied upon by the [IRS]”); but see
WWSM
Investors,
supra, at 459 (majority opinion)
(“[S]eizing money from WWSM’s bank account is functionally
equivalent to what the IRS did in
Williams—placing a lien
on property in escrow under circumstances which compelled Mrs.
Williams to pay the IRS and discharge the lien”).
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