124 T.C. No. 5 UNITED STATES TAX COURT WILLIAM J. MCCORKLE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 1433-03L. Filed February 24, 2005. R’s Appeals Office determined that R was warranted in filing a notice of Federal tax lien (NFTL) against P with respect to his 1996 Federal income tax liability. P assigns error on the grounds that R erroneously refunded his $2 million remittance for 1996 to the U.S. Marshals Service pursuant to a forfeiture order issued under 18 U.S.C. sec. 982 (2000) by the District Court in an unrelated, non-tax criminal case. R and P have both moved for summary judgment. 1. Held: R was dutybound to comply with the forfeiture order, which is not subject to collateral attack in this court. 2. Held, further, R had no duty to defend against the forfeiture order. 3. Held, further, the Appeals Office did not err in determining that R was warranted in filing the NFTL; therefore, R’s motion for summary judgment will be granted and P’s will be denied.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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