Larry Bruce - Page 12




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          showed that petitioner had no other debt.  Petitioner, who early            
          in the collections stage had more than $400,000 in net worth and            
          more than $2,000 per month in disposable income, was seeking                
          leniency for not paying taxes on his million dollar gambling                
          winnings.  Under these facts and circumstances, it was not an               
          abuse of discretion for respondent’s settlement officer to                  
          sustain the filing of the Notice of Federal Tax Lien.                       
               We briefly address petitioner’s assignment of error that               
          respondent erroneously filed the Notice of Federal Tax Lien.  No            
          facts in the petition indicate any basis for this assertion, but            
          petitioner’s opposition to summary judgment reveals his view that           
          respondent sent the notification letter late; i.e., beyond the 5-           
          business-day period as provided in section 6320, and therefore,             
          the lien is invalid.  In support of his view, petitioner points             
          out that the Notice of Federal Tax Lien shows the date the                  
          document was prepared and signed as May 11, 2005.  According to             
          petitioner, since the notification of the lien filing was not               
          mailed to him until May 19, 2005, 6 business days later, the lien           
          is invalid, and it was an abuse of discretion for respondent to             
          sustain the lien filing.                                                    
               We disagree that May 11, the date the lien notice was                  
          prepared and signed, has any consequence in this case.  The                 
          notice of lien sent to petitioner, the statement of the Appeals             
          officer, and the Appeals Case Memorandum referral all say that              







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