Ronald E. Boyer - Page 4

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          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).                    




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