- 12 - cases, and, therefore, respondent is obliged to release the liens. We disagree. We begin our analysis by noting that there is no suggestion that respondent acted improperly in assessing the deficiencies and additions to tax set forth in the decisions that the Court entered in the Kanter deficiency cases or in filing a notice of Federal tax lien against the estate. In this regard, section 7485(a) provides in pertinent part that the filing of a notice of appeal from a Tax Court decision under section 7483 “shall not operate as a stay of assessment or collection of any portion of the amount of the deficiency determined by the Tax Court” unless the taxpayer has filed with the Court (1) a bond in a sum fixed by the Tax Court (not exceeding double the amount of the portion of the deficiency being appealed) and with surety approved by the Tax Court or (2) a jeopardy bond. The estate did not file an appeal bond as described in section 7485(a) at the time it filed its notices of appeal in the Kanter deficiency cases. Consequently, respondent entered assessments against the estate in accordance with this Court’s decisions, and, contemporaneously with that action, a lien under section 6321 arose in favor of respondent by operation of section 6322. To give vitality to the lien against the estate’s other creditors, if any, respondent was obliged under section 6323(a) to file a notice of Federal tax lien. This respondent did.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011