Samuel and Bernice Boone Trust - Page 5




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            claim for refund of the credit for income tax withholdings.  See                           
            sec. 6201(a)(3).                                                                           
                  In other circumstances, the Commissioner cannot assess the                           
            tax until he has followed deficiency proceedings.  In particular,                          
            if the Commissioner determines that there is a deficiency in the                           
            taxpayer’s reported liability with respect to income taxes,                                
            estate and gift taxes, and certain specified excise taxes, he                              
            generally cannot assess the tax until a statutorily prescribed                             
            period of time (generally 90 days or, for taxpayers outside the                            
            country, 150 days) after he has issued the taxpayer a notice of                            
            deficiency.  See sec. 6213(a).  During this time, the taxpayer                             
            may file a petition in the Tax Court, and the Commissioner                                 
            generally may not assess or collect the tax until the Tax Court’s                          
            decision has become final.  See id.                                                        
                  Once the Commissioner has assessed the tax, he may institute                         
            administrative collection action.  Section 6321 provides that if                           
            any person liable to pay any tax neglects or refuses to pay the                            
            same after notice and 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 that person.  Section 6323                          
            generally requires the Commissioner to file a notice of Federal                            
            tax lien with the appropriate State office or the local Federal                            
            District Court.                                                                            








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Last modified: May 25, 2011