Paul J. Kennedy - Page 6




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          Secretary must only provide notice of having already filed a lien           
          within 5 days of doing so.  Sec. 6320(a).  Further, the lien                
          exists regardless of whether it has been filed by the Secretary.            
          Sec. 6321.  Accordingly, the regulations provide:                           
               A NFTL becomes effective upon filing.  The validity and                
               priority of a NFTL is not conditioned on notification                  
               to the taxpayer pursuant to section 6320.  Therefore,                  
               the failure to notify the taxpayer concerning the                      
               filing of a NFTL does not affect the validity or                       
               priority of the NFTL.  When the IRS determines that it                 
               failed properly to provide a taxpayer with a CDP                       
               Notice, it will promptly provide the taxpayer with a                   
               substitute CDP Notice and provide the taxpayer with an                 
               opportunity to request a CDP hearing.* * *                             
          Sec. 301.6320-1(a)(2), Q&A-12, Proced. & Admin. Regs.                       
               While the validity or priority of a lien may not be affected           
          by the Secretary’s failure to provide proper notice within 5                
          days, section 6320 makes clear that a taxpayer is entitled to a             
          valid notice (and an administrative hearing) upon the Secretary’s           
          filing of a lien.  Thus, the Secretary must send the NFTL filing            
          to the taxpayer’s last known address.                                       
               Section 301.6212-2(a) and (b), Proced. & Admin. Regs.,                 
          applies to all notices and documents whenever the term “last                
          known address” is used.  Sec. 301.6212-2(c), Proced. & Admin.               
          Regs.  The regulation provides the general rule:                            
               a taxpayer’s last known address is the address that                    
               appears on the taxpayer’s most recently filed and                      
               properly processed Federal tax return, unless the                      
               Internal Revenue Service (IRS) is given clear and                      
               concise notification of a different address. * * *                     








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