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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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