- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011