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automatic stay.
This matter was called for further hearing at the Court’s
motions session in Washington, D.C. Although no appearance was
made by or on behalf of petitioner at the hearing, petitioner did
file a written statement with the Court pursuant to Rule 50(c).
Counsel for respondent appeared at the hearing and offered
argument in support of respondent’s motion to dismiss. Counsel
for respondent informed the Court that on or about March 6, 2001,
respondent had issued a “substitute” notice required by section
6320(a) to petitioner concerning his unpaid tax liabilities for
the years 1984 through 1988.
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 that 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 officials. 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
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Last modified: May 25, 2011