- 7 - 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)Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008