Michael A. Zapara and Gina A. Zapara - Page 30

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              Section 6330(e)(1) provides in relevant part:  “if a hearing            
         is requested under * * * [section 6330(a)(3)(B)], the levy                   
         actions which are the subject of the requested hearing * * *                 
         shall be suspended for the period during which such hearing, and             
         appeals therein, are pending.”  In the instant case, however, the            
         levy action that is the subject of the section 6330 hearing had              
         already occurred--under section 6331(a), respondent had made a               
         finding that the collection of tax was in jeopardy and had levied            
         on the stock accounts.  Under section 6330(f)(1), if the                     
         Commissioner has made a finding that the collection of tax is in             
         jeopardy, section 6330 shall not apply, except that the taxpayer             
         shall be given the opportunity for a section 6330 hearing within             
         a reasonable period of time after the levy.  By reason of section            
         6330(f)(1), section 6330(e)(1) did not suspend the levy action               
         that had already occurred and did not otherwise preclude                     
         respondent from selling the stock under section 6335.14                      
              F.  Did the Internal Revenue Manual Preclude Respondent From            
              Selling the Stock?                                                      
              Respondent also argues that a sale of the seized stock                  
         accounts would have been improper under Internal Revenue Manual,             

               14 On Jan. 18, 2002, the Secretary issued final regulations            
          under sec. 6330, which are consonant with our reading of sec.               
          6330(e)(1).  The applicable regulation asks:  “What, if any,                
          enforcement actions can the IRS take during the suspension                  
          period?” and answers:  “the provisions in section 6330 do not               
          apply when the IRS * * * determines that collection of the tax is           
          in jeopardy.”  Sec. 301.6330-1(g)(2), Q&A-G3, Proced. & Admin.              
          Regs.                                                                       




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