- 7 - wage levy deductions were embezzled or, if they were, who embezzled them. We note that Mr. Jones stated in his letter that BSA embezzled PWJ’s payroll taxes. On the other hand, Mr. Jones claimed that separate payments were made by PWJ to BSA for petitioner’s taxes. In addition, the purported payments were made by Wen-Don Corporation, not by PWJ. The settlement officer had suggested to petitioner that he contact his employer and obtain copies of the checks (front and back) evidencing the wage levy deductions so that they may be traced. Petitioner did not seem too interested in doing so at that time. Only a limited number (3) of separate checks for wage levy payments were put in evidence at trial. These checks from Wen-Don Corporation, signed by Mr. Jones, the former president of PWJ, do not match the so- called PWJ records of wage levy deductions. At trial, petitioner suggested that respondent should seek recovery from BSA or PWJ for the wage levy deductions not paid over to the IRS and that petitioner should be credited for such deductions. Clearly, respondent can take action to enforce the lien under section 7403 where there is a refusal to pay any tax. We have found the following provision significant. Section 6332 refers to the surrender of property subject to levy. It provides that any amount (other than costs) recovered under this paragraphPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011