Corrie Miles - Page 11




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          appealable)--have expressly rejected the argument that ERISA                
          antialienation provisions preclude enforcement of a Federal tax             
          levy.  See, e.g., United States v. Novak, 476 F.3d 1041 (9th Cir.           
          2007); United States IRS v. Snyder, 343 F.3d 1171, 1179 (9th Cir.           
          2003); McIntyre v. United States, 222 F.3d 655, 660 (9th Cir.               
          2000); Anderson v. United States, 149 Bankr. 591, 595 (B.A.P. 9th           
          Cir. 1992); see also United States v. Sawaf, 74 F.3d 119 (6th               
          Cir. 1996); Shanbaum v. United States, 32 F.3d 180 (5th Cir.                
          1994).                                                                      
               Finally, petitioner argues that her alleged interest in the            
          ERISA-qualified plan does not constitute “property [or] rights to           
          property” for the purpose of section 6321 and thus is not subject           
          to lien or levy.  We need not pass on the merits of this                    
          argument:  As noted supra, at the section 6330 hearing and at               
          trial, petitioner failed to introduce any evidence to support her           
          claim that she transferred the funds in her IRA into an ERISA-              
          qualified pension plan.  We therefore conclude that no evidence             
          in petitioner’s control would establish that petitioner’s                   
          interest does not remain subject to the Federal tax liens.  See             
          Wichita Terminal Elevator Co. v. Commissioner, supra.                       
               Petitioner has failed to raise a spousal defense, make a               
          valid challenge to the appropriateness of respondent’s intended             
          collection, or offer alternative means of collection. We                    
          therefore uphold respondent’s determination to proceed with                 
          collection of petitioner’s 1997 and 1998 income tax liabilities.            





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