Stephen Daryl Royal - Page 5

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               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...)           




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