- 5 - had been met. In response to the notice of determination, petitioners timely mailed their petition to this Court on August 22, 2005, and it was filed on August 29, 2005. See sec. 6330(d)(1); sec. 301.6330-1(f), Proced. & Admin. Regs. OPINION I. Standard of Review Because the underlying tax liability is not at issue, this Court’s review under section 6330 is for abuse of discretion. See Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 182 (2000). This standard requires the Court to decide whether respondent’s rejection of petitioner’s request to have the Federal tax lien withdrawn was arbitrary, capricious, or without sound basis in fact or law. See Woodral v. Commissioner, 112 T.C. 19, 23 (1999); Keller v. Commissioner, T.C. Memo. 2006-166; Fowler v. Commissioner, T.C. Memo. 2004-163. II. Withdrawal of Notice of Federal Tax Lien The Federal Government obtains a lien against “all property and rights to property, whether real or personal” of any person liable for Federal taxes upon demand for payment and failure to pay. Sec. 6321; Iannone v. Commissioner, 122 T.C. 287, 293 (2004). The lien arises automatically on the date of assessment and continues until the tax liability is satisfied or the statute of limitations bars enforcement of the lien. Sec. 6322; IannonePage: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007