- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007