Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Independent Administrator - Page 12

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          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.                                                 






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