Joseph F. and Caroline Enos - Page 24

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         United States v. Natl. Bank of Commerce, supra, held that “If the            
         custodian honors the levy, he is ‘discharged from any obligation             
         or liability to the delinquent taxpayer with respect to such                 
         property or rights to property arising from such surrender or                
         payment.’”  Id. at 721 (quoting section 6332(d)).  The liability             
         can also be satisfied by the sale of the property levied upon by             
         the Commissioner.  See United States v. Whiting Pools, Inc., 421             
         U.S. at 211.  In the instant case, MMI’s bankruptcy trustee paid             
         the remaining portion of the originally assessed liability in                
         2000.                                                                        
              Petitioners contend that when respondent entered into the               
         December 15, 1978, payment agreement with MMI, which required MMI            
         to make 200 weekly payments of $1,500 to respondent to satisfy               
         petitioners’ tax liability, respondent exercised “dominion and               
         control” over petitioners’ account receivable, satisfying                    
         petitioners’ tax liability.  In support of their contention,                 
         petitioners cite United States v. Barlow’s, Inc., 767 F.2d 1098              





              10(...continued)                                                        
               to) property or rights to property subject to levy and upon            
               which a levy has been made shall, upon demand of the district          
               director, surrender the property or rights (or discharge the           
               obligation) to the district director, except that part of the          
               property or rights (or obligation) which, at the time of the           
               demand, is actually or constructively under the jurisdiction           
               of a court because of an attachment or execution under any             
               judicial process.                                                      





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