- 4 - The waiver extended the statutory period to collect the Boyers’ tax liabilities for both years until December 31, 2005.3 On November 24, 1997, respondent inadvertently and erroneously released the Federal tax lien relating to the 1986 tax liability. Respondent released the lien by filing a Form 668(Z), Certificate of Release of Federal Tax Lien (RFTL), with the Office of the County Clerk and Recorder, Iroquois County, Watseka, Illinois. The RFTL stated in part: that * * * the requirements of section 6325(a) * * * have been satisfied for the taxes * * * and for all statutory additions. Therefore, the lien provided by Code section 6321 for these taxes and additions has been released. * * * After the RFTL was filed, the Boyers continued to make payments under the 1986 installment agreement. Specifically, the Boyers made installment payments on May 26 and October 5, 1998. The Boyers also made installment payments under the 1987 installment agreement after the RFTL was filed. 3 Given that the waiver was signed before Dec. 31, 1999, the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3461(c)(2), 112 Stat. 764, provides that the expiration of the statutory period, unless suspended, would occur on Dec. 31, 2002, rather than Dec. 31, 2005. Nevertheless, because the Boyers timely requested a sec. 6330 hearing before Dec. 31, 2002, the statutory period for collection of the Boyers’ 1986 and 1987 tax liabilities has been suspended until the final resolution of these collection issues. See sec. 6330(e). In any event, while the Boyers raised the expiration of the collection period in the sec. 6330 hearing, petitioner did not raise it in any pleadings filed with this Court. Accordingly, it is deemed conceded. See Rule 331(b)(4).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011