Robert M. Scharringhausen - Page 4




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          judgments against him totaling nearly $1.3 million.  But he                 
          refused to have the settlement officer conducting the CDP hearing           
          consider this new offer, preferring to have it “worked on” by the           
          IRS Appeals office in Tennessee to which he had sent it.                    
               This left the settlement officer conducting the hearing with           
          nothing to do but review Scharringhausen’s IRS records and the              
          transcripts reflecting the IRS’s rejection of Scharringhausen’s             
          first offer (for 2001-03), verify whether all applicable legal              
          and administrative requirements had been met, and consider                  
          Scharringhausen’s contention that the tax lien was improperly               
          filed and should be withdrawn.  She concluded the hearing by                
          sustaining the lien and issuing a notice of determination.                  
               Scharringhausen, a resident of California when he filed his            
          petition, appeals.  The parties stipulated the facts and                    
          submitted the case for decision without trial under Rule 122.               
                                     Discussion                                       
               Once a taxpayer fails to pay taxes after the IRS has sent              
          him a demand for payment, his tax liability becomes a lien in               
          favor of the United States against all of his real and personal             
          property.  Sec. 6321.  Filing a notice of that lien is                      
          nevertheless important because it gives the lien priority against           
          later-filing competing creditors.  See sec. 6323(a); Behling v.             
          Commissioner, 118 T.C. 572, 575 (2002).  It also opens a short              
          window of time during which a taxpayer may demand a hearing to              







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