Michael A. Zapara and Gina A. Zapara - Page 24

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              C.  Duty To Sell Seized Property                                        
              Petitioners argue that respondent had an obligation under               
         the seizure and sale provisions of the Code to sell the stock in             
         the nominee accounts.  Petitioners contend that respondent’s                 
         failure to sell the stock entitles them to a credit equal to the             
         value of the stock at the time it should have been sold.                     
              In any case in which the Commissioner may levy upon property            
         or rights to property, he may seize and sell such property or                
         rights to property (whether real or personal, tangible or                    
         intangible).  Sec. 6331(b).  As soon as practicable after seizure            
         of property, the Commissioner shall give notice of seizure and               
         sale to the owner of the property (or, in the case of personal               
         property, the possessor thereof), and shall give public notice of            
         the time, place, manner and conditions of sale.  Sec. 6335(a) and            
         (b).  The time of sale shall not be less than 10 days nor more               
         than 40 days from the time of giving public notice of sale.  Sec.            
         6335(d).                                                                     
              Section 6335(b) does not say exactly how long the                       
         Commissioner has between seizing property and publishing notice              
         of sale; it just says “as soon as practicable”.  See Anderson v.             
         United States, 44 F.3d 795, 800 (9th Cir. 1995).  Nonetheless, if            
         the owner believes that the Commissioner is taking longer than               
         necessary to sell seized property, the owner has the right to                
         request sale under section 6335(f).  Id.  “The request provision             






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