- 27 - based. In Carey v. Winslow, 122 P. 174 (Okla. 1912), the Oklahoma Supreme Court found that, although certain stock was titled in the name of a third party, the judgment debtor, who had previously held legal title, had never parted with the beneficial ownership of the stock. The court held that the stock remained subject to the judgment debtor’s debts. See also Baxley v. Timms, 316 P.2d 871 (Okla. 1957), in which the Oklahoma Supreme Court acknowledged that it was possible for a person to hold bare legal title to real property while the beneficial interest in the property remained in another. We hold, therefore, that the Appeals Office did not abuse its discretion in determining that a nominee NFTL was a valid and appropriate collection procedure in this case. c. Nominee Lien Procedures Petitioner argues that, even if the use of a nominee NFTL is an appropriate collection procedure, respondent did not follow required administrative procedures in obtaining approval to file the nominee NFTL. Specifically, petitioner contends that respondent skipped a required review step when Revenue Officer Baustert forwarded his memorandum requesting authorization to file the nominee NFTL directly to Counsel. The Internal Revenue Manual (IRM) requires that, before a nominee NFTL is filed, the Collection Office must obtain written approval from Counsel. 2 Administration, Internal Revenue ManualPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011