- 5 - in your case. During your conference you stated that payments have been made that have not been correctly credited to your account. You were to provide proof of payment for Appeals to review by December 31, 2004. To date you have not provided any information on possible missing payments for Appeals to review. Without verification of payment Appeals cannot make the determination that your account has been satisfied and release the notice of federal tax lien. The assessed balances due as listed on the notice of federal tax lien were correct according to IRS records at the time of lien filing. The notice of lien cannot be released until your tax liability is paid in full. Balancing efficient tax collection with intrusiveness IRC section 6320 requires that the Appeals Officer balance the need for efficient collection of taxes with the legitimate concern that any collection action be no more intrusive than necessary. I find that the filing of a notice of federal tax lien is not unnecessarily intrusive because an assessment was made, you were notified of the assessment and there was refusal or neglect to pay. The notice of federal tax lien is necessary for the efficient collection of the tax liability. Discussion At trial, petitioner informed the Court that the only basis on which he is contesting the Federal tax lien filed by respon- dent with respect to the unpaid liabilities for 1997, 1998, 1999, and 2000 is that he does not have the ability to pay those liabilities.2 2At trial, petitioner did not claim that he made payments toward the unpaid liabilities for 1997, 1998, 1999, and 2000 that respondent did not properly credit. We conclude that petitioner has abandoned that claim. We note that although the Court gave petitioner the opportunity to file a brief in this case, he (continued...)Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011