Kenneth Holten Black and Marie K. Morilus Black - Page 9




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          withdrawal will facilitate collection; or (4) with the taxpayer’s           
          consent the lien’s withdrawal “would be in the best interests of            
          the taxpayer * * * and the United States.”                                  
               Petitioners contend that respondent’s Appeals officer abused           
          his discretion when he refused to withdraw the NFTL because:  (1)           
          The NFTL’s filing was premature; (2) an installment agreement was           
          subsequently agreed to; and (3) it would be in petitioners’ and             
          the United States’ best interests to remove the NFTL due to the             
          damage it would cause to petitioners’ credit rating.                        
               The NFTL was not filed prematurely.  Petitioners’ tax                  
          liability was assessed, and notice and demand for payment was               
          mailed to petitioners within 60 days of the assessment.  The IRS            
          issued a Notice 504, Balance Due-Urgent; a Letter 1058, Final               
          Notice of Intent to Levy; as well as A Notice of Federal Tax Lien           
          and Your Right to a Hearing under IRC 6320.  The lien’s filing              
          occurred after assessment and notice and demand; at each step,              
          petitioners were properly notified.                                         
               Entering into an installment agreement does not preclude the           
          filing of an NFTL, nor is the IRS required to withdraw an NFTL              
          after an installment agreement has become effective.  Sec.                  
          6323(j)(1); see also Ramirez v. Commissioner, T.C. Memo.                    
          2005-179; Stein v. Commissioner, T.C. Memo. 2004-124.  Section              
          6323(j)(1) is permissive:  the IRS “may” withdraw an NFTL, but              
          failure to do so is not an abuse of discretion.  Sec. 6323(j)(1);           







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