- 19 - 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).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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