Curtis J.L. McIntosh - Page 20

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               proposition.  Clark held that an assessment may be                     
               extinguished only by payment tendered by the taxpayer                  
               and cannot be extinguished by an IRS error.  Plaintiff                 
               has not tendered payment, but seeks to preclude the IRS                
               from proceeding on the assessment for 1990 based on an                 
               alleged IRS error.  The authority cited by plaintiff                   
               does not support his contention that in this situation,                
               the IRS is precluded from proceeding. [Id. at 98-6510                  
               to 98-6511.]                                                           
               Petitioner is collaterally estopped from relitigating this             
          issue in this Court.  See Peck v. Commissioner, 90 T.C. 162,                
          166-167 (1988), affd. 904 F.2d 525 (9th Cir. 1990).  In addition,           
          section 6330(c)(4) bars petitioner from raising this issue in               
          this collection proceeding.8                                                
               2.  Section 6343(b)                                                    
               Pursuant to section 6343(b), if the Secretary determines               
          that property was wrongfully levied upon, the Secretary is                  
          authorized to return the property “at any time” or, if the                  
          property has been sold, to return the amount of money received              










               8 With exceptions not relevant here, sec. 6330(c)(4) bars a            
          person from raising in a collection proceeding any issue that was           
          raised and considered at any other administrative or judicial               
          proceeding in which the person meaningfully participated.  See              
          Katz v. Commissioner, 115 T.C. 329, 339 (2000).  “Section                   
          6330(c)(4) in effect codifies the legal doctrines of res judicata           
          and collateral estoppel in their application to collection                  
          proceedings.”  Wooten v. Commissioner, T.C. Memo. 2003-113.                 




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