Lawrence Jay Russ - Page 9




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          unsecured debts.  Respondent asserts that the Federal tax lien              
          has priority over these debts and that credit card payments are             
          not necessary expenses properly allowable under IRM guidelines.             
          Finally, respondent contends that:  (1) Petitioner’s future                 
          income available to pay taxes (monthly gross income less                    
          necessary expenses, not including the credit card payments) is              
          sufficient to pay his tax liability in full before the end of the           
          statutory period for collections; (2) because petitioner can                
          fully pay the tax liability, he is not eligible for an offer-in-            
          compromise; and (3) it was not an abuse of discretion for the AO            
          to confirm the rejection of the OIC, to propose an installment              
          agreement as the available collection alternative, and to sustain           
          the collection action.                                                      
               Section 6321 imposes a lien in favor of the United States on           
          all property and rights to property of a taxpayer when the                  
          Secretary demands payment of the taxpayer’s tax liability and the           
          taxpayer fails to pay those taxes.  Such a lien arises when an              
          assessment is made.  Sec. 6322.  Section 6323(a) requires the               
          Secretary to file a notice of Federal tax lien if the lien is to            
          be valid against any purchaser, holder of a security interest,              
          mechanic’s lienor, or judgment lien creditor.  Lindsay v.                   
          Commissioner, T.C. Memo. 2001-285, affd. 56 Fed. Appx. 800 (9th             
          Cir. 2003).                                                                 








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