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