Louis Fusaro - Page 9

                                        - 9 -                                         
               NFTL [Notice of Federal Tax Lien] in California.  The                  
               Service’s position is that the NFTL filed prior to the                 
               bankruptcy is still enforceable against exempt assets                  
               in a chapter 7 bankruptcy. * * * The taxpayer’s                        
               attorney’s primary position is that the NFTL’s filed by                
               the Service have not been perfected to be enforceable                  
               against the interest in the Pension Plan located in                    
               California.  His understanding is that under California                
               law, which is where the pension plan is located, it was                
               necessary for the service to file prepetition a Notice                 
               of Federal Tax Lien with the California [Secretary] of                 
               State.                                                                 
          Hsieh also noted that there were unpaid assessments of tax                  
          liabilities, that the assessments were made within the period of            
          limitations, and that notice and demand for payment were made and           
          there was a neglect or refusal to pay.                                      
               In the petition in this case, filed November 9, 2001,                  
          petitioner alleged that he was a resident of Florida during 1991,           
          1992, 1993, 1994, and at the time petitioner’s income tax returns           
          were filed for those years.  The petition alleged that petitioner           
          resided in California at the time that the petition was filed,              
          but was silent as to other time periods.  In support of the                 
          allegations that respondent’s liens were not valid because they             
          had not been filed in California, the petition alleged:                     
                    (f) At all times material herein, Petitioner has                  
               been, and now is, a member of a pension plan set up by                 
               the Director’s Guild of America - Producer.  From prior                
               to 1996, to the present time, the administrative                       
               offices of said plan have been, and now are, located in                
               Los Angeles, California.  The plan is administered in                  
               Los Angeles, California.  All of the activities of said                
               plan are carried on in the City of Los Angeles, except                 
               to the extent that any members of the plan may be a                    
               resident outside of the City of Los Angeles.                           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011