Gregory Iannone - Page 12

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          bankruptcy petition] indicate there is a 401K plan [section                 
          401(k) retirement account] with, Unitex Textile, to which the               
          Service’s liens would attach.”  Petitioner has introduced no                
          evidence that the Federal tax lien was defective.  Thus, when               
          petitioner filed for bankruptcy, there was a valid and existing             
          Federal tax lien on at least his section 401(k) retirement                  
          account.                                                                    
               Section 6331(a) provides:                                              
                    If any person liable to pay any tax neglects or                   
               refuses to pay the same * * *, it shall be lawful for                  
               the Secretary to collect such tax * * * by levy upon                   
               all property and rights to property (except such                       
               property as is exempt under section 6334) belonging to                 
               such person or on which there is a lien provided in                    
               this chapter for the payment of such tax. * * *                        
          Section 6334(a) exempts from levy:  (1) Wearing apparel and                 
          school books; (2) fuel, provisions, furniture, and personal                 
          effects; (3) books and tools of a trade, business, or profession;           
          (4) unemployment benefits; (5) undelivered mail; (6) certain                
          annuity and pension payments; (7) workmen’s compensation; (8)               
          judgments for support of minor children; (9) certain amounts of             
          wages, salary, and other income; (10) certain service-connected             
          disability payments; (11) certain public assistance payments;               
          (12) assistance under the Job Training Partnership Act (since               
          repealed); and (13) certain residences.  Petitioner does not                
          contend, nor do we find, that any of these exemptions applies to            
          petitioner’s section 401(k) retirement account.                             






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