Kenneth Holten Black and Marie K. Morilus Black - Page 6




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          for the efficient collection of taxes with the taxpayer’s                   
          legitimate concern that the collection action be no more                    
          intrusive than necessary.  Sec. 6330(c)(3).                                 
               A taxpayer may appeal the IRS’s determination with this                
          Court within a 30-day period starting on the day after the date             
          of the Notice of Determination.  Secs. 6320(c), 6330(d)(1).  In             
          reviewing the IRS’s determination, the Court applies an abuse of            
          discretion standard when the underlying tax liability is not at             
          issue.  Sego v. Commissioner, 114 T.C. 604, 610 (2000).  Pursuant           
          to this standard, petitioners must prove that the filing of the             
          NFTL and the rejection of their withdrawal request was arbitrary,           
          capricious, or without sound basis in fact or law.  See Woodral             
          v. Commissioner, 112 T.C. 19, 23 (1999).                                    
          1. Filing of the NFTL                                                       
               Petitioners contend that respondent’s Appeals officer abused           
          his discretion by sustaining the NFTL.                                      
               The applicable laws and administrative procedures were                 
          satisfied.  The parties agree that petitioners received the                 
          required notice and demand for payment within the 60-day                    
          timeframe mandated by section 6303.  And the record shows that              
          petitioners received notice of the lien’s filing and their right            
          to request a hearing within the 5-day period prescribed by                  
          section 6320.                                                               








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