- 4 - the IRS' intent to sell the Modoc property in order to satisfy the respective tax liabilities of petitioners and EOCC. That notice scheduled the commencement of the sale of the Modoc property on November 6, 1996. On October 3, 1996, the foundation filed a complaint in the U.S. District Court for the District of Oregon (District Court case), naming the United States as the defendant, alleging that the Modoc levy constituted a wrongful levy under section 7426(a)1, and seeking injunctive relief from the imminent sale of the Modoc property. The foundation filed a motion for summary judgment in the District Court case (foundation's motion) that the United States wrongfully levied against the Modoc property in order to collect taxes owed by petitioners and/or EOCC. The United States filed a motion for summary judgment (defendant's motion) in the District Court case that the Modoc levy was proper. On October 22, 1997, the U.S. District Court for the District of Oregon (District Court) issued a detailed order (order) denying the foundation's motion and granting defendant's 1 All section references are to the Internal Revenue Code in effect at relevant times. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011