Curtis J.L. McIntosh - Page 19

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          D.  Whether Payment Has Been Made                                           
               Finally, petitioner alleges that the 1990 tax assessment was           
          extinguished when respondent seized and sold the property in                
          1995, notwithstanding that respondent subsequently returned the             
          property to petitioner.  Petitioner also argues that section                
          6343(b) prohibited respondent from repurchasing the property from           
          ACI and consequently prohibited respondent from reversing the               
          credit of the purchase price previously applied to petitioner’s             
          1990 tax liability.  As explained below, we reject both                     
          arguments.                                                                  
               1.  Extinguishment of Petitioner’s Assessment                          
               Petitioner relies on several cases, including Clark v.                 
          United States, 63 F.3d 83 (1st Cir. 1995), for the proposition              
          that his 1990 tax assessment was extinguished by the Government’s           
          initial seizure of the property in 1995, even though the property           
          was subsequently returned to him.  The District Court in McIntosh           
          v. United States, 82 AFTR 2d 98-6501, at 98-6510, has previously            
          considered and rejected petitioner’s argument in this regard.               
          The District Court concluded:                                               
                    Plaintiff’s position that the IRS cannot now levy                 
               on his real property based on the same Notice of                       
               Deficiency which preceded the initial seizure of that                  
               property is not well-taken.  Plaintiff relies on Clark                 
               v. U.S., 63 F.3d 83 (1st Cir. 1985), for this                          

               7(...continued)                                                        
          required to provide a lender with notice under sec. 6303(a)                 
          before bringing a civil suit to collect a payroll borrower’s                
          unpaid withholding tax under sec. 3505).                                    




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