Ronald E. Boyer - Page 7

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          the Commissioner’s administrative determination for abuse of                
          discretion with respect to all other issues.  Sego v.                       
          Commissioner, 114 T.C. 604, 610 (2000).                                     
               Petitioner does not dispute the existence or the amount of             
          the underlying tax liability.4  Accordingly, the proper standard            
          for review is whether the Appeals officer abused her discretion             
          in determining that respondent could proceed with the proposed              
          levy action.                                                                
               Petitioner contends that respondent may not proceed with the           
          proposed collection activity because the RFTL is tantamount to an           
          admission by respondent that the underlying tax liability has               
          been fully paid or is unenforceable.  Petitioner also asserts               
          that respondent is equitably estopped from collecting both the              
          1986 and 1987 tax liabilities.  For the reasons explained, we               
          disagree with petitioner and sustain respondent’s determination             
          to proceed with the proposed levy action.                                   
          A. Effect of Filing Tax Lien Release Certificate                            
               We first address petitioner’s argument that he has no                  
          liability for 1986 or 1987 because the RFTL showed that the tax             
          lien was extinguished.  Section 6325(a) requires the Commissioner           
          to issue a certificate of release of any lien when the                      
          Commissioner finds that the liability for the amount assessed,              


               4 The assessments were based upon the 1986 return and 1987             
          return.                                                                     





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