- 9 - affg. in part and vacating in part 17 B.T.A. 1376 (1926);6 Baker v. Commissioner, 24 T.C. 1021, 1025 (1955); Miller v. Commissioner, 23 T.C. 565, 569 (1954), affd. 231 F.2d 8 (5th Cir. 1956);7 Foulds v. Commissioner, T.C. Memo. 1989-29; Urwyler v. United States, 77 AFTR 2d 96-794, 96-1 USTC par. 50,052 (E.D. Cal. 1996). The plain language of section 6325(f)(1)(A) and of the RFTL itself clearly shows that the release extinguishes the tax lien, not the tax liability. Baker v. Commissioner, supra; Miller v. Commissioner, supra. The underlying tax liability is not extinguished when a lien is released. The underlying tax liability remains until the tax is paid in full or the statutory 6 In Angier Corp. v. Commissioner, 50 F.2d 887 (1st Cir. 1931), affg. in part and vacating in part 17 B.T.A. 1376 (1926), the applicable statute was sec. 613(d), I.R.C. 1928, which provided: SEC. 613. LIEN FOR TAXES. (d) A certificate of release or of partial discharge issued under this section shall be held conclusive that the lien upon the property covered by the certificate is extinguished. 7 In Baker v. Commissioner, 24 T.C. 1021 (1955), and Miller v. Commissioner, 23 T.C. 565 (1954), affd. 231 F.2d 8 (5th Cir. 1956), the applicable statute was sec. 3675, I.R.C. 1939, which provided: SEC. 3675. EFFECT OF CERTIFICATES OF RELEASE OR PARTIAL DISCHARGE. A certificate of release or of partial discharge issued under this subchapter shall be held conclusive that the lien upon the property covered by the certificate is extinguished.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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