Astrida Terauds - Page 22

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          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 legally                





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