Joyce E. Beery - Page 10

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          authorizes the Court to enjoin any “such levy or proceeding” made           
          or begun during the prohibited period.                                      
               We find no support in section 6015 for petitioner’s position           
          in this case.  As previously mentioned, section 6015(e)(1)(B)(i)            
          bars the Commissioner (during the prohibited period) from making            
          or bringing a “levy or proceeding in court” against an individual           
          making an election under section 6015.  The provision does not              
          expressly prohibit the Commissioner from filing a Federal tax               
          lien against such an individual.  Considering that section                  
          6015(e)(1)(B)(i) specifically precludes the Commissioner from               
          proceeding with a levy against an individual claiming relief                
          under section 6015, we think that same provision would have                 
          included express language barring the Commissioner from filing a            
          Federal tax lien against such an individual if Congress intended            
          to prohibit such actions.7                                                  
               In addition, we see no indication that the term “proceeding            

               6(...continued)                                                        
               the prohibition under clause (i) is in force may be                    
               enjoined by a proceeding in the proper court, including                
               the Tax Court.  The Tax Court shall have no                            
               jurisdiction under this subparagraph to enjoin any                     
               action or proceeding unless a timely petition has been                 
               filed under subparagraph (A) and then only in respect                  
               of the amount of the assessment to which the election                  
               under subsection (b) or (c) relates.                                   
               7  See Trent v. Commissioner, T.C. Memo. 2002-285 (holding             
          that the Commissioner was not barred by sec. 6330(e)(1)(B) from             
          offsetting the taxpayer’s overpayments for later years against an           
          earlier tax liability for which the taxpayer had claimed relief             
          under sec. 6015).                                                           





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