Michael Stein - Page 23

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               The Commissioner must provide the taxpayer with written                
          notice of the filing of an NFTL not more than 5 business days               
          after filing and must advise the taxpayer of the right to a                 
          hearing before the IRS Appeals Office.  Sec. 6320(a)(1), (2) and            
          (3).                                                                        
               If the taxpayer requests a hearing, the IRS Appeals officer            
          conducting the hearing must verify that the requirements of any             
          applicable law or administrative procedure have been met.  Secs.            
          6320(c), 6330(c)(1).  The Appeals officer must also determine               
          whether any proposed collection action balances the need for the            
          efficient collection of taxes with the legitimate concern of the            
          taxpayer that any collection action be no more intrusive than               
          necessary.  Secs. 6320(c), 6330(c)(3).                                      
               The IRS may withdraw an NFTL if the taxpayer has entered               
          into an installment agreement to satisfy the liability for which            
          the lien was imposed (and the installment agreement does not                
          specify that the lien will not be withdrawn).  Sec. 6323(j)(1).             
               b.  Abuse of Discretion                                                
                    (i)  Section 6320(a) Notice Requirements                          
               We reject petitioner’s argument that respondent should not             
          have sustained the filing of the Federal tax lien because                   
          respondent failed to mail Letter 3172 and the accompanying NFTL             
          to petitioner’s last known address.                                         








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