Oliver W. and Harriet S. Williams - Page 11




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          because they were negotiating an offer-in-compromise when the               
          lien was filed.                                                             
               The Federal Government obtains a lien against “all property            
          and rights to property, whether real or personal” of any person             
          liable for Federal taxes upon demand for payment and failure to             
          pay.  Sec. 6321; Iannone v. Commissioner, 122 T.C. 287, 293                 
          (2004).  The lien arises automatically on the date of assessment            
          and continues until the tax liability is satisfied or the statute           
          of limitations bars enforcement.  Sec. 6322; Iannone v.                     
          Commissioner, supra at 293.  The notice of Federal tax lien is              
          filed with the appropriate State office or other government                 
          office in order to validate the lien against any purchaser,                 
          holder of a security interest, mechanic’s lienor, or judgment               
          lien creditor.  See sec. 6323(a); Lindsay v. Commissioner, T.C.             
          Memo. 2001-285, affd. 56 Fed. Appx. 800 (9th Cir. 2003).                    
               The notice of Federal tax lien was not filed prematurely.              
          Petitioners self-assessed income tax liabilities for the years at           
          issue.  Petitioners were given notice and demand for payment for            
          each year at issue.  The second notice of Federal tax lien was              
          filed on May 12 and mailed to petitioners on May 13, 2005.                  
          Filing of the Federal tax lien took place after assessment and              
          notice and demand for payment, and at each step petitioners were            
          properly notified.  The record also indicated that petitioners’             
          offer-in-compromise was returned before the second notice of                







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