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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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