Kenneth Holten Black and Marie K. Morilus Black - Page 5




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          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 need            







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