- 10 - On March 13, 2002, the Court received from respondent a Motion for Judgment on the Pleadings, which was recharacterized as a Motion for Summary Judgement and filed on that date. In that motion, respondent pointed out that the pension plan was personal property of the taxpayer and: 11. The situs of personal property is where the person resides not where the bank account, stock account or certificate, paintings or administrator of a pension fund is located. 26 U.S.C. sec. 6323(f)(2)(B) provides that personal property, whether tangible or intangible, is situated at the residence of the taxpayer at the time the notice of lien is filed. In opposition to respondent’s motion, petitioner asserted: Section 6323(f)(2) provides that in the case of personal property, the residence of the taxpayer at the time the notice is filed is deemed to be the location of the personal property. These statutes raise the issue of whether the Petitioner was a resident of Broward County on July 25, 1996. Thus, there are two significant issues which need to be determined before summary judgment can be granted to Respondent. The first is whether the filing in Broward County Court was a proper filing and the second is whether the Petitioner was a resident of that county on July 25, 1996. There is, of course, the issue as to what property would a properly filed Notice of Federal Tax Lien attach. What would be the dollar amount of the Pension Plan to which a lien would attach? For this, recourse must be had to appropriate law, whether federal or state, which is non-bankruptcy law. Attached to petitioner’s objection to respondent’s motion was an affidavit of petitioner dated April 10, 2002, in which he stated that he first rented an apartment in California in August 1995,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