- 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