Harold F. Behling - Page 6




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               Petitioner filed with the Court an imperfect Petition for              
          Lien or Levy Action Under Section 6320(c) or 6330(d),2  and,                
          later, an amended petition.  The amended petition is limited to             
          allegations challenging the existence and amount of petitioner’s            
          tax liability for 1993.                                                     
               After respondent filed an answer to the petition, respondent           
          filed a Motion for Summary Judgment.  In short, respondent                  
          contends that petitioner’s challenge to the existence and/or                
          amount of his tax liability for 1993 is not properly before the             
          Court in this proceeding, and petitioner otherwise failed to                
          raise a valid issue for judicial review.  Petitioner filed an               
          objection to respondent’s motion.  Petitioner maintains that he             
          has proven that he had sufficient basis in the S corporation to             
          cover the loss claimed on his 1993 tax return.                              
               This matter was called for hearing at the Court's motions              
          sessions held in Washington, D.C.  Petitioner and counsel for               
          respondent appeared at the hearing and presented arguments in               
          respect of respondent's motion.                                             
                                     Discussion                                       
               Section 6321 imposes a lien in favor of the United States on           
          all property and rights to property of a person when demand for             
          payment of that person’s liability for taxes has been made and              


               2  At the time that the petition was filed, petitioner                 
          resided in Ferron, Utah.                                                    






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