Kenneth B. and Marie L. Boyd - Page 8

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          taxable year does not constitute a collection action that is                
          subject to review under section 6330.  Bullock v. Commissioner,             
          T.C. Memo. 2003-5.  We have relied on the same distinction in a             
          case involving restrictions applicable to levy actions during the           
          pendency of an action for relief from joint and several                     
          liability.  Trent v. Commissioner, T.C. Memo. 2002-285.  In                 
          section 301.6330-1(g)(2), Q&A-G3, Proced. & Admin. Regs., the               
          Secretary of the Treasury has provided that offset is a nonlevy             
          collection activity that the IRS may take during the suspension             
          period provided in section 6330(e)(1).  See also sec. 301.6331-             
          4(b)(1), Proced. & Admin. Regs.                                             
          III.  Petitioners’ Defense to the Motion                                    
               Petitioners’ defense to the motion rests on two propositions           
          set forth in the petition:  (1) In applying the overpayment to              
          other taxes, respondent “effected an offset”, and (2) “a levy               
          must be carried out to effect an offset”.  They claim that,                 
          because the offset was by levy, respondent erred in not according           
          them their rights under section 6330 to notice and a hearing.               
          They pray that, on account of such error, the Court compel                  
          respondent to return the overpayment to them.                               
               Petitioners argue that an offset can be effected only by               
          levy.  They believe that we erred in Bullock v. Commissioner,               
          supra, in holding that offset is not a levy subject to the                  
          provisions of section 6330.  Petitioners support their argument             






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