Mark S. & Lois A. Freme - Page 12




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               proposed enforcement action.  They failed to return the                
               financial statement we sent them.                                      
               Balancing Efficient Tax Collection and Intrusiveness                   
               Per IRC §6330(c)(3)(C), the determination by Appeals                   
               under this subsection shall take into consideration                    
               whether any proposed collection action balances the                    
               need for the efficient collection of taxes with the                    
               legitimate concern of the person that any collection                   
               action be no more intrusive than necessary.  In this                   
               case, the taxpayers’ concern that the actions of the                   
               Compliance Division are unduly intrusive was weighed                   
               against the Service’s responsibility to apply the tax                  
               law fairly to all.  Filing a lien or issuance of a levy                
               always creates hardship for the taxpayer and is always                 
               intrusive.  Even so, the lien or levy is sometimes                     
               necessary to collect the tax in the most efficient                     
               manner and/or to secure the Internal Revenue Service’s                 
               equity position in assets.                                             
               The Notice of Federal Tax Lien will not be withdrawn.                  
               In the petition that petitioners filed commencing the                  
          instant case, petitioners stated:                                           
               payments have been made yet no accounting has been                     
               provided.  plaintiffs are currently unable to pay the                  
               remaining deficiency balance.  plaintiffs request that                 
               the internal revenue service provide an accurate ac-                   
               counting of payments made and seek relief from interest                
               and penalties, that all lien petitions be cancelled.                   
               [Reproduced literally.]                                                
                                     Discussion                                       
               The Court may grant summary judgment where there is no                 
          genuine issue of material fact and a decision may be rendered as            
          a matter of law.  Rule 121(b); Sundstrand Corp. v. Commissioner,            
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  We             
          conclude that there are no genuine issues of material fact                  







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