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negotiate a purchase-and-sale agreement that permitted the
downpayment to be used to clear title through a judicial
proceeding. The sale closed, and the trust conveyed the property
on February 7, 2001, for a purchase price of $290,000, which
netted the trust approximately $235,000 after payment of expenses
approximating $55,000 to obtain marketable title. The trust now
consists entirely of liquid assets.
On November 9, 2000, respondent filed a notice of Federal
tax lien with the Register’s Office of New York County, New York,
listing petitioner’s income tax liabilities for the 1995 through
1999 years. The lien reflected a total unpaid balance of
$12,587.62 and was recorded on November 17, 2000.
On November 15, 2000, respondent mailed to petitioner a
Notice of Federal Tax Lien Filing and Your Right to a Hearing
Under IRC 6320 regarding the just-described lien. Petitioner
returned to respondent a completed and signed Form 12153, Request
for a Collection Due Process Hearing, with the following
explanation of her disagreement:
It is just impossible for me to pay this amount at this
time. I can pay up to $100.00 per month beginning in
January ’01. I have one full-time job which pays me
between $300-$400 per week. After rent + utilities +
expenses, I can agree to begin paying $100.00 per
month.
Thereafter, by a letter dated February 28, 2001, respondent
rejected the installment plan as stated on the Form 12153. The
proposal was rejected because petitioner had defaulted on a
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