- 7 - Forms 4340, with regard to petitioner’s account for 1995 and 1996 satisfied the verification requirement imposed under section 6330(c)(1) and demonstrates that petitioner was issued notices and demands for payment on the same dates that respondent entered the assessments in question. 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 a notice of Federal tax lien if such lien is to be valid against any purchaser, holder of a security interest, mechanic’s lienor, or judgment lien creditor. Lindsay v. Commissioner, T.C. Memo. 2001-285. Section 6320 provides that the Secretary shall furnish the person described in section 6321 with written notice of the filing of a notice of lien under section 6323. The notice required by section 6320 must be provided not more than 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011