- 9 - IRC § 6323(j) allows the withdrawal of a filed notice of lien without full payment and without prejudice under the following conditions: * The filing of the notice of lien was premature or otherwise not in accordance with administrative proce- dures of the Internal Revenue Service; * The taxpayer had entered into an agreement under IRC § 6159 to satisfy the tax liability for which the lien was imposed by means of installment payments, unless such agreement provides otherwise; * Withdrawal of the lien will facilitate collection of the tax liability; or * Withdrawal of the lien would be in the best interests of the taxpayer (as determined by the National Taxpayer Advocate) and the United States. Similar to the above provision, each set of circumstances should be analyzed to determine if this condition exists. There is nothing in the Collection administrative file that indicates withdrawal of the filed lien should be considered and you have provided no additional informa- tion that indicates the withdrawal of the filed lien should be considered. Collection Alternatives Offered by the Taxpayer On your Form 12153 requesting the CDP hearing, you raised no other issues or offered an alternative to collection. You failed to present me with the delin- quent returns and financial information as I had re- quested, and your representative offered no collection alternatives at the hearing, other than to request an additional delay for an undetermined period of time. Other issues raised by the Taxpayer You raised no other issues. Balancing of Need for Efficient Collection With Taxpayer Concern That the Collection Action Be No More Intrusive Than Necessary I balanced the competing interests when finding the filing of the NFTL is appropriate. You did not offer any collection alternatives during the CDP hearing process. As discussed above, the assessment(s) at issue are valid.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007