Kenneth Holten Black and Marie K. Morilus Black - Page 7




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               The Appeals officer considered petitioners’ challenge to the           
          appropriateness of the NFTL, noting that petitioners requested              
          that the NFTL be withdrawn and not reinstated unless they                   
          defaulted on their installment agreement.  They were concerned              
          about the negative effect the NFTL might have on their credit               
          rating and the impact it might have on their ability to secure              
          college loans for their son.  The Appeals officer concluded that            
          petitioners’ reasons for withdrawal did not satisfy the                     
          conditions authorizing withdrawal.  The NFTL’s filing was not               
          premature because “[an] overpayment or [other] credit was not               
          available” and the NFTL could be maintained in conjunction with             
          the installment agreement without hindering collection of the               
          liability.  See sec. 6323(j); sec. 301.6323(j)-1(b), Proced. &              
          Admin. Regs.                                                                
               The Appeals officer also considered petitioners’ prior                 
          submission of a collection alternative.  The record shows that an           
          OIC had been submitted and was determined to be unacceptable.               
          Petitioners did not meet the criteria for an OIC because they had           
          the ability to pay the liability in full.  The Commissioner had             
          also determined that petitioners could obtain an installment                
          agreement that would pay the liability in full within the time              
          prescribed by section 6502(a) and would not impose a financial              
          hardship on petitioners.  Cf. secs. 301.6343-1(b)(4), 301.7122-             
          1(b) and (c), Proced. & Admin. Regs.                                        







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