Charles P. Durrenberger Jr. - Page 6

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          from the U.S. Postal Service was not a deliberate avoidance of              
          delivery); cf. Sego v. Commissioner, 114 T.C. 604, 611 (2000).              
               Petitioner contends that, because his wages are exempt from            
          garnishment under Texas law, respondent may not levy on them.3              
          We disagree; Federal tax collection statutes supersede State-               
          created exemptions to tax collection.  United States v. Rodgers,            
          461 U.S. 677, 700-702 (1983).                                               
               Petitioner contends that garnishment of his wages was                  
          improper because the Fair Debt Collection Procedures Act (FDCPA),           
          Pub. L. 95-109, 91 Stat. 874 (1977), 15 U.S.C. sec. 1692 (2000),            
          prohibits garnishment without a signed court order.  Petitioner             
          fails to explain where or how the FDCPA so provides, and we find            
          no such prohibition in that act.                                            
               Petitioner contends that section 334.24 of the Internal                
          Revenue Manual (IRM) does not require employers to honor notices            
          of levies.  We disagree.  The IRM provides that any person in               
          possession of property upon which a levy has been made shall,               
          upon demand, surrender such property unless the property is not             
          the property of the taxpayer, or the property is subject to prior           
          judicial attachment or execution.  The IRM also provides that a             

               3 Petitioner incorrectly cited Tex. Prop. Code Ann. sec.               
          63.004.  It appears that Tex. Prop. Code Ann. sec. 42.001(b)(1)             
          (Vernon 2000) is the correct citation.                                      
               4 Sec. 334.2 of the Internal Revenue Manual has been                   
          superseded by 2 Administration, Internal Revenue Manual (CCH),              
          sec. 5.17.3.3.3.1, at 17,918, effective Oct. 31, 2000.                      





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