Barry L. Moore - Page 11




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          specifically identify).  Petitioner failed to provide the Court             
          with an affidavit denying the pertinent allegations set forth in            
          respondent’s motion.  See Rule 121(e).                                      
          II.  Discussion                                                             
               Section 6321 provides that if any person liable to pay any             
          tax neglects or refuses to pay the same after demand, the unpaid            
          tax shall be a lien in favor of the United States upon all                  
          property and rights to property belonging to such person.                   
          Section 6322 provides that the lien imposed under section 6321              
          generally arises at the time of assessment.  However, section               
          6323 provides that the lien shall not be valid against any                  
          purchaser, holder of a security interest, mechanic’s lienor, or             
          judgment lien creditor until the Secretary files a notice of lien           
          with the appropriate public official.  Section 6320(a) provides             
          that the Secretary shall provide the person described in section            
          6321 with written notice of the filing of a notice of lien under            
          section 6323, including notice of the administrative appeals                
          available to the person.                                                    
               Section 6331(a) provides that, if any person liable to pay             
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, the Secretary is authorized to               
          collect such tax by levy upon property belonging to the person.             
          Section 6331(d) provides that the Secretary is obliged to provide           
          the person with notice before proceeding with collection by levy            







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Last modified: May 25, 2011