- 9 - At the conclusion of trial, petitioner agreed to submit an offer-in-compromise and respondent agreed to expedite the review process. The parties’ agreement was incorporated into an order issued by the Court on March 23, 2005. Petitioner failed to mention to respondent and the Court that petitioner intended the submission of an offer to be contingent upon respondent’s withdrawing the NFTL when the offer was accepted. On March 23, 2005, Mr. Climan and his manager met with petitioner. Petitioner was given detailed instructions as to how to complete all the forms necessary to submit an offer-in-compromise. During this meeting Mr. Climan again informed petitioner that respondent would not withdraw the NFTL until the compromised liability was paid. Later, respondent’s counsel reiterated respondent’s position concerning removal of the lien. On April 21, 2005, petitioner informed counsel for respondent he would not submit an offer. OPINION Section 6321 imposes a lien in favor of the United States upon all property and rights to property of a taxpayer who is liable for a tax and fails to pay the tax liability after demand for payment. The lien generally arises at the time the assessment is made and continues until the liability for the assessed amount is paid or becomes unenforceable because of lapse of time. Sec. 6322. Pursuant to section 6323(a), a lien is notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011