Sandra L. Andary-Stern - Page 13




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          and demand is required to be sent to the taxpayer’s last known              
          address.  Id.                                                               
               When a taxpayer fails to pay the amount assessed within 10             
          days of the notice and demand, a Federal tax lien arises, and a             
          notice of the lien may be filed to inform potential purchasers of           
          the taxpayer’s property or creditors of the taxpayer that the               
          Federal Government has an interest in the taxpayer’s property.              
          Secs. 6321, 6323(a), 6331(a).                                               
               In her motion papers in this proceeding, petitioner has                
          repeatedly complained that she never received notice of any tax             
          liability and only discovered the tax lien when a prospective               
          employer ran a credit check.  The thrust of petitioner’s argument           
          is that if she did not receive notice and demand, a statutory               
          prerequisite to collection was missing and collection could not             
          go forward.  Sec. 6321.  Indeed, collection did not go forward.             
          After petitioner complained to respondent about the tax lien,               
          respondent abated the amounts assessed pursuant to the substitute           
          returns, assessed the amounts shown on the returns prepared by              
          petitioner, and removed the lien.                                           
               Petitioner did not discover the Federal tax lien until 3               
          years after it was filed,6 and she blames it for her inability to           

               6In the IRS Restructuring and Reform Act of 1998 (RRA 1998),           
          Pub. L. 105-206, sec. 6401, 112 Stat. 746, Congress enacted sec.            
          6320(a), which provides that respondent is required to give                 
          notice within 5 business days of the filing of the notice of                
          lien.  The notice is required to be left at the taxpayer’s                  
                                                             (continued...)           




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