Kenneth B. and Marie L. Boyd - Page 7

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          proposed levy to which the determination being appealed relates.            
          Sec. 6330(e)(1).                                                            
          II.  Levy Versus Offset                                                     
               A levy is distinguishable from an offset.  See, e.g.,                  
          Belloff v. Commissioner, 996 F.2d 607, 615-616 (2d Cir. 1993)               
          (comparing discussion of "levy" in United States v. Natl. Bank of           
          Commerce, 472 U.S. 713, 720 (1985), with "setoff" in United                 
          States v. Munsey Trust Co., 332 U.S. 234, 239 (1947)), affg. T.C.           
          Memo. 1991-350.  The Commissioner’s levy authority derives from             
          the Code, sec. 6331, and it allows the Commissioner to proceed              
          administratively to assert the Government’s rights in the                   
          property of the taxpayer held by any person, see United States v.           
          Natl. Bank of Commerce, supra at 720-721.  Offset is the common             
          law right of a creditor, shared by the Government and all                   
          creditors, to apply the unappropriated moneys of the debtor in              
          the hands of the creditor in extinguishment of the debts of the             
          debtor’s due the creditor.  United States v. Munsey Trust Co.,              
          supra at 239.  Section 6402(a) contains a statutory counterpart,            
          which authorizes the Secretary to credit a taxpayer’s overpayment           
          of tax against any tax liability of the taxpayer.                           
               Based on the distinction between levy and offset, and the              
          limitation of section 6330 to levy actions, we have held that the           
          Commissioner’s application of a taxpayer’s overpayment for one              
          taxable year to offset the taxpayer’s liability for another                 






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