- 22 - assessment against another taxpayer. When respondent acknowledged that no tax was due by the assessed taxpayer, rather than releasing the levied funds, respondent retained the funds for petitioner's account. The facts demonstrate that there was no "asserted tax" liability against petitioner at the time respondent decided the levied funds would be held for petitioner's account. Petitioner never agreed to an assessment nor to a tax liability. The Court concludes, therefore, that respondent's levy of funds pursuant to an assessment against another taxpayer, but held by respondent for the account of a taxpayer who has not been assessed, does not constitute a "payment" of an asserted tax liability by the taxpayer who has not been assessed. Consequently, petitioner has not made a "payment" of taxes with respect to the levied amounts held by respondent for petitioner's account. Thus we hold that there were no overpayments for the years in issue. This does not mean, however, that petitioner is not entitled to a return of the amount by which the levied funds will exceed petitioner's tax liabilities after the decision in this case becomes final, and the amounts due and owing by petitioner are assessed and satisfied by application of the levied funds in respondent's possession. Under section 6342 and the regulations thereunder, any surplus proceeds shall, upon application and satisfactory proof thereof, be credited or refunded to the person legallyPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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