Willie R. Davidson - Page 9




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          there is no dispute as to a material fact and that respondent is            
          entitled to judgment as a matter of law.  In particular,                    
          respondent contends that because petitioner received the notice             
          of deficiency dated December 3, 1999, he cannot challenge the               
          existence or amount of his underlying tax liability for 1997 in             
          this proceeding.  Respondent further contends that the Appeals              
          officers’ review of Form 4340 with regard to petitioner’s account           
          for 1997 satisfied the verification requirement imposed under               
          section 6330(c)(1) and demonstrates that petitioner was issued a            
          notice and demand for payment.  Finally, respondent contends that           
          petitioner’s behavior warrants the imposition of a penalty under            
          section 6673.                                                               
               Petitioner filed an Objection to respondent’s motion.                  
          Thereafter, pursuant to notice, respondent’s motion was called              
          for hearing at the Court's motions session in Washington, D.C.              
          Discussion                                                                  
               Section 6321 imposes a lien in favor of the United States on           
          all property and rights to property of a person when a demand for           
          the payment of the person’s liability for taxes has been made and           
          the person fails to pay those taxes.  Such a lien arises when an            
          assessment is made.  Sec. 6322.  Section 6323(a) requires the               
          Secretary to file notice of Federal tax lien if such lien is to             
          be valid against any purchaser, holder of a security interest,              








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