Michael A. Zapara and Gina A. Zapara - Page 29

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          disinterested) such a violation apparently would be without                 
          remedy, either in the form of damages or specific relief.20                 
               The provisions currently found in sections 6335(f) and 7433            
          were enacted as part of the Technical and Miscellaneous Revenue             
          Act of 1988, Pub. L. 100-647, 102 Stat. 3342.  Both provisions              
          are included in a set of provisions known as the “Taxpayer Bill             
          of Rights” intended, as the name connotes, to “promote and                  
          protect taxpayer rights”.  S. Rept. 100-309, at 1 (1988).  In               
          light of these broader purposes of the Taxpayer Bill of Rights              
          and the specific remedial nature of section 6335(f), we do not              
          believe that Congress intended section 7433 to displace equitable           
          remedies for violations of section 6335(f).21                               
               In a footnote to his memorandum in support of his motion for           
          reconsideration, respondent suggests that he is not authorized to           
          credit petitioners’ account as contemplated in Zapara I.  Citing            
          section 6402(a), respondent states that he “is not generally                

               20 Similarly, there are other gaps in the scheme of relief             
          under sec. 7433, insofar as it might provide a remedy for a                 
          violation of sec. 6335(f).  For instance, whereas sec. 6335(f)              
          entitles the “owner” of levied-upon property (who may or may not            
          be the same person as the taxpayer) to request sale of the                  
          property, sec. 7433(a) limits a cause of action for damages to              
          the “taxpayer”.  Furthermore, the damages available under sec.              
          7433 are capped at $100,000 for negligent disregard of law and              
          $1,000,000 for reckless or intentional disregard of law.                    
               21 The legislative history of sec. 7433 gives the “Reasons             
          for change” in toto as follows:  “The committee believes that               
          taxpayers should be provided a civil cause of action to                     
          compensate them for damages that arise out of unlawful actions or           
          inaction of IRS employees that occur during the determination or            
          collection of Federal taxes.”  S. Rept. 100-309, at 15-16 (1988).           




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