Johnny Owings Milam, Jr. and Brenda Ramsey Milam - Page 5

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          deficiency.  The petition also alleges that the underlying tax              
          liabilities are invalid.                                                    
                                     Discussion                                       
               Section 6321 imposes a lien in favor of the United States on           
          all property and rights to property of a person liable for taxes            
          when a demand for the payment of a person’s liability for the               
          taxes has been made and the person fails to pay those taxes.                
          Such a lien arises when an assessment is made.  Sec. 6322.                  
          Section 6323(a) requires the Secretary to file a notice of                  
          Federal tax lien if such lien is to be valid against any                    
          purchaser, holder of a security interest, mechanic’s lienor, or             
          judgment lien creditor.  Lindsay v. Commissioner, T.C. Memo.                
          2001-285, affd. 56 Fed. Appx. 800 (9th Cir. 2003).                          
               Section 6320 provides that the Secretary shall furnish the             
          person described in section 6321 with written notice of the                 
          filing of a notice of lien under section 6323.  The notice                  
          required by section 6320 must be provided not more than 5                   
          business days after the day of the filing of the notice of lien.            
          Sec. 6320(a)(2).  Section 6320 further provides that the person             
          may request administrative review of the matter (in the form of             
          an Appeals Office hearing) within 30 days beginning on the day              
          after the 5-day period.  Section 6320(c) provides that the                  
          Appeals Office hearing generally shall be conducted consistent              
          with the procedures set forth in section 6330(c), (d), and (e).             






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