Lois E. Ordlock - Page 48

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          directives in section 6015(a) and (g)(1) take precedence over               
          section 6321.                                                               
               Stolle was a District Court order that dealt with the                  
          relationship between Federal tax liens and community property               
          held in a revocable trust.  United States v. Stolle, supra.  The            
          District Court concluded that a tax lien attached to community              
          property for the tax debts of an individual and that community              
          property held on behalf of the individual and his wife by a                 
          revocable trust could be used to satisfy the tax debts of the               
          individual.  Id.                                                            
               Mrs. Stolle’s entitlement to section 6015 relief was not at            
          issue in the case.  Id.  The District Court, however, stated                
          that, even assuming Mrs. Stolle was entitled to relief pursuant             
          to section 6015, nothing in section 6015 prevents the Government            
          from collecting against the community property.  Id.  I am not              
          persuaded by the reasoning of Stolle because (1) the issue of               
          Mrs. Stolle’s entitlement to section 6015 relief and a refund               
          pursuant to section 6015(g) was not before the District Court and           
          (2) the District Court did not address the plain and clear                  
          language of section 6015(a) and (g).                                        
               Respondent relies on McIntyre v. United States, supra, for             
          the proposition that a Federal tax lien attaches to the entire              
          community property and that section 6321 takes precedence over              
          section 6015.  In McIntyre, the U.S. Court of Appeals for the               






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