- 8 - DISCUSSION AND ANALYSIS Matters considered pursuant to IRC § 6320 Verification of Legal and Procedural Requirements Prior to filing a NFTL, IRS must issue a notice and demand for tax for each liability to be listed on the notice. If the tax is not paid within 10 days of such notice and demand, a statutory lien arises on the 11th day. Notice of the statutory lien may be filed any time on or after the 11th day. Finally, IRS must no- tify the taxpayer of the filing of the NFTL and his/her right to a hearing within 5 business days of such filing. Administrative procedures require the Revenue Officer to make a reasonable effort to contact the taxpayer to advise that a NFTL may be filed if payment is not made so that the taxpayer has an opportunity to make payment or other security arrangements. The Revenue Officer must also explain the effect of the NFTL filing on normal business operations and/or the taxpayer’s credit rating. Administrative procedures in place at the time IRS requested the NFTL to be filed indicate that such action should not be taken if the taxpayer is working with IRS to resolve tax matters. Transcripts of your account show the notice of tax and demand for payment was issued on 7/2/2001. Letter 1058 was sent 12/15/2004. The NFTL was filed on 12/28/2004. Letter 3172 was mailed on 12/29/2004. The NFTL was filed more than 10 days after the notice of tax and demand for payment was mailed (date of assessment), and that Letter 3172, Notice of Federal Tax Lien Filing and Your Right to a Hearing Under IRC §6320, was mailed within 5 business days of the date of filing. Administratively, the case file shows the Revenue Officer was in direct contact with your prior to filing the NFTL. Based upon the best available information, it appears as though all applicable legal and administrative procedures were followed in filing the NFTL and were appropriate under the circumstances.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007