Remember Bruce M. Kraft and his trust funds? I’m not surprised. See my blogpost “No Invasion,” 4/23/14.

Dale A. Wallace also wants IRS to hit his 401(k) and savings before grabbing his real estate, but STJ Lewis (“Great Name”) Carluzzo says no, in Docket No. 4899-14L, filed 7/31/15.

Dale isn’t fighting the liability, only the NOD from his CDP.

“According to the petition, petitioner requests that respondent [IRS] levy on his savings and 401K[sic] instead of petitioner’s real property. Petitioner contends his deceased wife owned the property, and he transferred it to her family. The record reflects that petitioner transferred the property to his deceased wife’s family…nine days after respondent imposed a lien on the property.” Order, at p. 2.

Dale wanted an installment agreement, but Appeals said no, unless Dale unloaded some investment accounts and real estate to pay down some of what he owes.

Dale said no.

Game over for Dale. “…we note that it is not an abuse of discretion when respondent’s Appeals Office rejects an installment agreement because a taxpayer refuses to liquidate assets to satisfy his tax liabilities. We see no reason to depart from that principle in this case.” Order, at p. 2.

Summary J for IRS.

Takeaway—The IRS’s lien for unpaid taxes attaches to everything. IRS can levy on anything not limited by Section 6334.