Anthony Edward and S.F. O'Connor - Page 9

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               At trial, respondent did not dispute Mr. O’Connor’s                    
          testimony.  Respondent contends, however, that petitioners will             
          not be forced to sell the building.  Respondent maintains that              
          petitioners’ account will be placed in currently not collectible            
          status as long as petitioners comply with Federal tax laws and              
          their income does not increase substantially.                               
               We note that this is an action to review a notice of lien              
          and not a levy.  A lien is a security device that assures the               
          Government of its priority over other creditors.  Elliott,                  
          Federal Tax Collections, Liens, and Levies, par. 9.05 (2d ed.               
          2005).  Unlike a levy, a lien does not deprive a taxpayer of                
          property.  Id.; see also United States v. Whiting Pools, Inc.,              
          462 U.S. 198, 210-211 (1983).                                               
               Petitioners do not dispute that the rent from the building             
          allows them to meet their monthly living expenses.  The notice of           
          lien will not deprive petitioners of the building, the rental               
          income therefrom, or any other property.  While a notice of lien            
          may adversely affect a taxpayer in other ways, petitioners have             
          not demonstrated that it will cause them an economic hardship               
          within the meaning of the regulations.                                      
               We also note that if respondent were to remove the currently           
          not collectible designation from petitioners’ account and begin             
          further collection activity, any levy that respondent proposed              
          would require notice and an opportunity to be heard under section           

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