Richard Fransen - Page 9




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               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.                                                       






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Last modified: November 10, 2007