- 16 - the interest and dividends received on the bank accounts and stock was in fact petitioner's income and was not Sandra's income. As shown earlier, petitioner conceded these determinations in this case and challenged only the amount of capital gain realized on the 1986 stock sales. Although respondent accepted the fact that all of the gains and income previously attributed to Sandra were attributable to petitioner, it does not appear that the IRS abated the assessments against Sandra. Moreover, respondent never released any of the moneys realized from the various levies. At trial, counsel for respondent acknowledged that the amounts levied continued to be held by the IRS but were held for the account of petitioner rather than Sandra. Counsel for respondent acknowledged that, if the Court should decide all issues in this case in favor of respondent, the amounts held by respondent for the account of petitioner will far exceed the deficiencies in tax, additions to tax, and interest.9 Until the deficiencies and additions to tax in this case become final, respondent agrees 9 Counsel for respondent did not advise the Court as to the legal basis for the levy of property based on an assessment against a taxpayer respondent acknowledges does not owe the tax but retains possession of such property for the account of another taxpayer (petitioner herein) against whom there is no assessment. There is no indication in the record that the assessment against Sandra was abated as authorized under sec. 6404, nor is there any indication in the record that petitioner instituted an action against the IRS under sec. 7426 for the return of wrongfully levied property.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011