- 6 - A. Was the Lien Properly Filed? The federal tax lien is imposed automatically once the assessment is made. Sec. 6321. No one disputes that the Commissioner properly assessed Scharringhausen’s 2001-03 taxes before the NFTL’s filing in May 2005, that he mailed notice-and- demand letters to Scharringhausen within 60 days of each assessment’s date, and that the taxes remain unpaid. Thus the settlement officer correctly found that the NFTL was not filed prematurely, or in violation of IRS procedures. Scharringhausen (as best we can tell) argues that the NFTL was nevertheless procedurally improper because section 6323(j)(1) gives discretion to the Commissioner to withdraw a lien if, for example, it would facilitate tax collection. Sec. 6323(j)(1)(C). This is a true statement, but we’re hard pressed to see how withdrawing the NFTL could possibly help collect the tax, given that Scharringhausen had over $1 million in other outstanding judgments against him. Nor did Scharringhausen satisfy the other provision of section 6323 that he cited in the record--section 6323(j)(1)(D)-- which allows the NFTL to be withdrawn if doing so would be in the best interests of the taxpayer and the United States. Though we don’t doubt that the withdrawal of the lien would benefit Scharringhausen, we’re equally hard pressed to see how it would benefit the United States, since the 21 judgment liens already in place against Scharringhausen make it much more likely thatPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008