- 4 - circumstances were present “such that collection of the full liability will be detrimental to voluntary compliance”, and there was no evidence that a compromise would encourage future compliance and promote effective tax administration. 4. Petitioner declined to consider an installment agreement. 5. The notice of Federal tax lien filing balanced the need for efficient collection of taxes with the legitimate concern of the taxpayer that the collection action be no more intrusive than necessary. On October 30, 2002, petitioner filed a timely petition contesting respondent’s determination. Petitioner alleged that “the Internal Revenue Service abused its discretion in making the findings and conclusions it did and abused its discretion in rejecting petitioner’s offer in compromise.” OPINION All property and rights to property of a taxpayer become subject to a lien in favor of the United States on the date a tax liability is assessed against the taxpayer if the taxpayer fails to meet the Commissioner’s demand for payment of the tax liability. Secs. 6321 and 6322. Until a notice of Federal tax lien is filed, a lien is without validity and priority against certain persons such as judgment lien creditors of the taxpayer. Sec. 6323(a). After the Secretary files the notice of FederalPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011