Mark E. Schroeder - Page 7




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          v. Commissioner, 89 T.C. 287, 291 (1987); Vorwald v.                        
          Commissioner, T.C. Memo. 1997-15.  Once the Commissioner issues             
          the notice of levy, the Commissioner "steps into the shoes of the           
          taxpayer and acquires 'whatever' rights to the property the                 
          taxpayer had."  United States v. Bell Credit Union, 860 F.2d 365,           
          368 (10th Cir. 1988) (quoting United States v. National Bank of             
          Commerce, 472 U.S. 713, 713 (1985)).                                        
               We sustain respondent's determination that petitioner                  
          constructively received, and must include in income, the $26,861            
          distribution from his IRA in 1995.                                          
               To reflect concessions and the foregoing,                              

                                                  Decision will be entered            
                                             under Rule 155.                          

























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