- 16 - OPINION All property and rights to property of a taxpayer become subject to a lien in favor of the United States on the date a tax liability is assessed against a taxpayer, if the taxpayer fails to pay the tax liability after notice and demand for payment. Secs. 6321 and 6322. Until an NFTL is filed, however, the lien is without validity and priority against certain persons such as judgment lien creditors of the taxpayer. Sec. 6323(a). After the Commissioner files the NFTL, the Commissioner must provide the taxpayer with written notice of the filing, informing the taxpayer of his right to request an administrative hearing on the matter. Sec. 6320(a)(1), (3)(B). If the taxpayer makes a timely request for an administrative hearing, section 6320(c) requires that the hearing be conducted pursuant to section 6330(c), (d), and (e). Section 6330(c)(2) provides that a person may raise any relevant issue relating to the disputed collection action and may contest the existence or amount of the underlying tax liability if the person did not receive a notice of deficiency or did not otherwise have the opportunity to dispute the underlying tax liability. See also Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 180-181 (2000). Following the hearing, the hearing officer is required to issue a notice of determination regarding the disputed collectionPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011