Michael A. Zapara and Gina A. Zapara - Page 32

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         petitioners could have requested administrative review under                 
         section 7429; i.e., until 30 days after June 1, 2000.                        
         Consequently, the Internal Revenue Manual section that respondent            
         points to does not preclude respondent’s sale of the stock                   
         accounts under section 6335(f).                                              
              G.  Conclusion                                                          
              On August 23, 2001, petitioners requested that respondent               
         sell their stock and apply the proceeds to their outstanding tax             
         liabilities.  Respondent neither sold the stock nor made a                   
         determination that sale of the stock would not be in the best                
         interests of the United States.  We hold that petitioners are                
         entitled to a credit for the value of the stock accounts as of               
         the date by which the stocks should have been sold under section             
         6335(f); i.e., 60 days from August 23, 2001.15  We also hold that            
         respondent cannot claim any interest or accrue penalties on this             
         credited amount after such date.  See United States v. Barlows,              
         Inc., 53 Bankr. 986 (E.D. Va. 1984).  Under the circumstances, we            
         believe it appropriate to remand this case to the Appeals Office             
         for purposes of establishing the value of the stock accounts as              
         of 60 days after August 23, 2001, and determining whether                    
         petitioners’ tax liabilities for 1993, 1994, 1995, 1997, and 1998            



               15 If, however, the value of the stock presently exceeds its           
          value as of 60 days from Aug. 23, 2001, then respondent shall               
          sell the stock and give petitioners appropriate credit.                     




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