Michael Stein - Page 22

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          T.C. 1, 19 (2004) (Marvel, J., concurring) (“A taxpayer who                 
          procrastinates and seeks to rely solely on his announced                    
          intention to file an amended return as a defense to a proposed              
          levy or lien * * * proceeds at his peril as his undocumented                
          intention is not likely to be viewed as a credible challenge to             
          the underlying tax liability.”).  So much more so with respect to           
          petitioner, who has never even filed original returns for the               
          years in issue.                                                             
               Issue 2.  Respondent’s Exercise of Discretion in Sustaining            
                         the Lien                                                     
               a.  Overview of Lien Proceedings                                       
               The Federal Government obtains a lien against “all property            
          and rights to property, whether real or personal” of any person             
          liable for Federal taxes upon demand for payment and failure to             
          pay.  See sec. 6321; Iannone v. Commissioner, 122 T.C. 287, 293             
          (2004).  The lien arises automatically on the date of the                   
          assessment and continues until the tax liability is satisfied or            
          the statute of limitations bars enforcement of the lien.  Sec.              
          6322; Iannone v. Commissioner, supra.  If the taxpayer fails to             
          pay, the IRS usually files an NFTL with the appropriate State               
          office in order to validate the lien against any purchaser,                 
          holder of a security interest, mechanic’s lienor, or judgment               
          lien creditor.  See sec. 6323(a); Lindsay v. Commissioner, T.C.             
          Memo. 2001-285.                                                             







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