- 5 - for the efficient collection of taxes with the taxpayer’s legitimate concern that the collection action be no more intrusive than necessary. Sec. 6330(c)(3). A taxpayer may appeal the IRS’s determination with this Court within a 30-day period starting on the day after the date of the Notice of Determination. Secs. 6320(c), 6330(d)(1). In reviewing the IRS’s determination, the Court applies an abuse of discretion standard when the underlying tax liability is not at issue. Sego v. Commissioner, 114 T.C. 604, 610 (2000). Pursuant to this standard, petitioners must prove that the filing of the NFTL and the rejection of their withdrawal request was arbitrary, capricious, or without sound basis in fact or law. See Woodral v. Commissioner, 112 T.C. 19, 23 (1999). 1. Filing of the NFTL Petitioners contend that respondent’s Appeals officer abused his discretion by sustaining the NFTL. The applicable laws and administrative procedures were satisfied. The parties agree that petitioners received the required notice and demand for payment within the 60-day timeframe mandated by section 6303. And the record shows that petitioners received notice of the lien’s filing and their right to request a hearing within the 5-day period prescribed by section 6320.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008