Russel S. Bankson - Page 6

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          the ability to pay his tax liabilities in full.2  The notice of             
          determination does not include an estimate of petitioner’s assets           
          and liabilities.  However, the record contains an undated                   
          document titled “Appeals Case Memorandum” (the Appeals                      
          memorandum).  This document states that petitioner “has a credit            
          line of $4,200” and “retirement funds of more than $2,300.  These           
          two assets total $6,500 (which is more than the amount                      
          [petitioner] offered).”  Neither the notice of determination nor            
          the Appeals memorandum includes an estimate of petitioner’s                 
          future income.                                                              
                                     Discussion                                       
               Section 6321 imposes a lien in favor of the United States on           
          all property and rights to property of a person when a demand for           
          the payment of the person’s liability for taxes has been made and           
          the person fails to pay those taxes.  Such a lien arises when an            
          assessment is made.  Sec. 6322.  Section 6323(a) requires the               
          Secretary to file a notice of Federal tax lien if the lien is to            
          be valid against any purchaser, holder of a security interest,              
          mechanic’s lienor, or judgment lien creditor.  Lindsay v.                   
          Commissioner, T.C. Memo. 2001-285, affd. 56 Fed. Appx. 800 (9th             
          Cir. 2003).                                                                 


               2 The notice of determination includes other grounds in                
          support of respondent’s position.  Based on our resolution of               
          issue for decision infra, we do not address these additional                
          grounds.                                                                    





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