Joseph F. and Caroline Enos - Page 26

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         delinquent taxpayer of any right against the possessor of                    
         property levied upon by the IRS.”                                            
              The facts in the instant case are distinguishable from those            
         in Barlow’s, Inc. and do not warrant a similar conclusion here.              
         In the instant case, MMI and respondent entered into the December            
         15, 1978, payment agreement for 200 weekly payments of $1,500 to             
         satisfy the August 15, 1978, notice of levy.  MMI made only six              
         payments under this agreement.  Shortly after entering into the              
         payment agreement with respondent, however, MMI went into                    
         bankruptcy, in contrast to Barlow’s, Inc., where the third-party             
         debtor defaulted on the payment obligation and the Commissioner              
         failed to enforce the payment agreement, instead seeking payment             
         from the taxpayer.                                                           
              Unlike the taxpayers in Barlow’s, Inc., who did not know                
         that the Commissioner and the third-party debtor had negotiated              
         an installment payment agreement for the satisfaction of the                 
         taxpayer’s liability, petitioners were actively engaged in the               
         negotiations between MMI and respondent regarding the December               
         15, 1978, payment agreement.                                                 
              After the August 15, 1978, notice of levy was issued to MMI,            
         petitioners participated in the negotiations between MMI and                 
         respondent as to both the amount of the account receivable and               
         the payment agreement.  Respondent’s records reflect that Mr.                
         Enos informed respondent that he was going to travel from                    






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