Stuart Hult - Page 12




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               In addition to the lien that arises under section 6321,                
          sometimes referred to as a “secret lien”, a notice of Federal tax           
          lien filed in accordance with section 6323 operates to protect              
          the Government’s interest in a taxpayer’s property against the              
          claims of other creditors of the taxpayer.  Consistent with the             
          purpose of section 6323, in this case, the NFTL was filed in                
          order to protect the Government’s interest in certain real estate           
          owned by petitioner and his spouse.  It was not improper for                
          respondent to file the NFTL while the 2003 offer was under                  
          consideration, and respondent’s refusal to withdraw or release              
          the lien on that ground is not an abuse of discretion.                      
               Section 6159 allows the Commissioner “to enter into written            
          agreements with any taxpayer under which such taxpayer is allowed           
          to make payment on any tax in installment payments”, if the                 
          Commissioner “determines that such agreement will facilitate full           
          or partial collection of such liability.”  We begin our                     
          consideration of petitioner’s claim that respondent should have             
          accepted his proposed installment agreement in lieu of the NFTL             
          by noting that an installment agreement is not necessarily an               
          alternative to a notice of Federal tax lien.  In those situations           
          where the taxpayer and the Commissioner have entered into an                
          installment agreement, a notice of Federal tax lien may still be            
          filed.  See Crisan v. Commissioner, T.C. Memo. 2007-67; sec.                
          301.6159-1(d)(3), Proced. & Admin. Regs.                                    







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