Al Sampson - Page 6

                                        - 5 -                                         
          On January 19, 2005, the Appeals officer sent petitioner a letter           
          stating in part:                                                            
               Part of the process of evaluating an offer from a                      
               person who is unemployed is to consider what that                      
               person would earn if they were working.  Usually that                  
               is done by looking at previous income history.  In your                
               case, that is problematical because of your history,                   
               but it seems clear that were you to find employment you                
               would be able to pay the tax liability for 2002.  The                  
               fact that you have chosen to go to school rather than                  
               work is not really relevant.                                           
               On February 19, 2005, respondent issued petitioner a notice            
          of determination sustaining the filing of the notice of Federal             
          tax lien.  The notice of determination states that the Appeals              
          officer verified that the requirements of law and administrative            
          procedure had been met and that petitioner’s OIC was rejected               
          because petitioner could fully pay his 2002 tax liability.                  
                                     Discussion                                       
               Section 6321 imposes a lien in favor of the United States on           
          all property and rights to property of a person when a demand for           
          the payment of the person’s liability for taxes has been made and           
          the person fails to pay those taxes.  Such a lien arises when an            
          assessment is made.  Sec. 6322.  Section 6323(a) requires the               
          Secretary to file notice of Federal tax lien if such lien is to             
          be valid against any purchaser, holder of a security interest,              
          mechanic’s lienor, or judgment lien creditor.  Lindsay v.                   
          Commissioner, T.C. Memo. 2001-285, affd. 56 Fed. Appx. 800 (9th             
          Cir. 2003).                                                                 






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011