Michael A. Zapara and Gina A. Zapara - Page 23

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         instead entered into an installment payment agreement with the               
         debtor.  The third-party debtor made some payments pursuant to               
         this agreement but ultimately defaulted on it.  The Commissioner             
         failed to take any further action to collect on the account                  
         receivable or the installment payment agreement.                             
              In United States v. Pittman, supra, the Commissioner served             
         notice of levy on a third-party nominee that held legal title to             
         the taxpayer’s real property.  The nominee thereafter quitclaimed            
         this property to the Commissioner, who recorded the deed,                    
         maintained insurance on the property, and rented the property.               
              These cases are factually distinguishable from the instant              
         case, and petitioners’ reliance upon them is misplaced.                      
         Petitioners have failed to allege facts that would support a                 
         finding that respondent exercised dominion and control over their            
         seized property.  Petitioners have alleged no action by                      
         respondent with respect to their stock accounts, other than                  
         levying upon them.  Petitioners’ lack of control over the                    
         accounts and their inability to sell the stocks does not                     
         establish conduct on respondent’s part analogous to the                      
         Commissioner’s conduct in United States v. Barlow’s, Inc., supra,            
         or United States v. Pittman, supra.  Cf. Murphy v. United States,            
         45 F.3d 520 (1st Cir. 1995); Enos v. Commissioner, 123 T.C. 284,             
         298 (2004).  Petitioners have failed to show that respondent                 
         exercised dominion and control over the stock accounts.                      






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