Kenneth Holten Black and Marie K. Morilus Black - Page 8




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               The Appeals officer balanced the need for efficient                    
          collection of taxes against petitioners’ concern over the NFTL’s            
          intrusiveness.  The Appeals officer testified that the lien was             
          filed to protect the Government’s interest:  his research                   
          indicated that petitioners were subject to the claims of                    
          competing creditors and petitioners could become liable to the              
          State of New York for additional tax for the same year.  The                
          Appeals officer testified that since petitioners’ OIC had been              
          rejected, he concluded that an installment agreement was in their           
          best interest because penalties and interest were accruing during           
          the pendency of the IRS’s acceptance, and the installment                   
          agreement would forestall the IRS’s proposed levy action.                   
               Finally, Form 656, Offer in Compromise, which petitioners              
          signed, specifically states that an NFTL “may be filed at any               
          time while your offer is being considered”.                                 
               Therefore, the Court concludes that respondent’s Appeals               
          officer did not abuse his discretion in upholding the NFTL.                 
          Accordingly, respondent’s determination is sustained.                       
          2. Withdrawal of the NFTL                                                   
               In pertinent part, section 6323(j) provides that the IRS may           
          withdraw an NFTL if it determines:  (1) The filing of the NFTL              
          was premature or not in accordance with administrative                      
          procedures; (2) the taxpayer has entered into an installment                
          agreement, unless the agreement provides otherwise; (3)                     







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