Ronald E. Boyer - Page 9

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          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.                                           





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