- 4 - accrue in addition thereto if there has been a demand for payment and the person has failed to pay. The lien arises at the time of assessment. Sec. 6322. In order for the Federal tax lien to have priority over other liens or security interests, the IRS must file an NFTL. Sec. 6323(a); Behling v. Commissioner, 118 T.C. 572, 575 (2002). Generally, section 6320(a) states that the IRS must give the person against whom a Federal tax lien is filed written notice of the lien’s filing within 5 days after the date of its filing. Section 6320(b) also provides the taxpayer with an opportunity for a hearing before the Office of Appeals. The hearing is conducted pursuant to subsections (c), (d), and (e) of section 6330. Sec. 6320(c). At the hearing, the taxpayer may raise any relevant issue relating to the unpaid tax including: (1) Challenges to the appropriateness of the IRS’s collection actions; and (2) offers of collection alternatives (i.e., an installment agreement, offer-in-compromise, the posting of a bond, or the substitution of other assets). Sec. 6330(c)(2)(A)(ii) and (iii); sec. 301.6330-1(e)(3), Q&A-E6, Proced. & Admin. Regs. The Appeals officer must consider the following in his determination: (1) Whether any applicable law or administrative procedure has been followed; (2) the issues properly raised by the taxpayer; and (3) whether the proposed collection action balances the needPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008