Gregory Drake - Page 35

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            tax, the Secretary may immediately levy upon the property or                                   
            rights to property of the person subject to the tax liability                                  
            without regard to the 10-day period otherwise required under                                   
            section 6331(a).19  Pursuant to section 6330(f), the person                                    
            subject to such a jeopardy levy is entitled to a section 6330                                  
            hearing within a reasonable period of time after the jeopardy                                  
            levy.  Pursuant to section 6330(d), this Court has jurisdiction                                
            to review the determination of respondent’s Appeals Office with                                
            respect to a jeopardy levy.  Dorn v. Commissioner, 119 T.C. 356,                               
            359 (2002).  We review such determinations for abuse of                                        
            discretion.  Zapara v. Commissioner, 124 T.C. 223, 228 (2005).                                 
                  In the instant case, respondent’s Appeals Office                                         
            incorporated petitioner’s jeopardy levy hearing into petitioner’s                              
            section 6330 hearing on remand, and the Appeals officer sustained                              
            the jeopardy levy.  The actions of petitioner with respect to the                              
            1997 bankruptcy sale proceeds demonstrate that the jeopardy levy                               
            was proper.  Petitioner received the bankruptcy sale proceeds                                  
            after the discharge of Barbara Drake and petitioner from the 1997                              
            bankruptcy, and a Federal tax lien attached.  Subsequently,                                    
            petitioner gratuitously transferred the bankruptcy sale proceeds                               
            to Darren Drake and Gregory Drake, Jr., who took the proceeds                                  

                  19Assuming that sec. 6331(k)(1) applies to a jeopardy levy                               
            case, in the instant case, sec. 6331(k)(1) did not preclude a                                  
            jeopardy levy against petitioner because respondent accepted                                   
            petitioner’s offer-in-compromise for processing only after the                                 
            jeopardy levy had been imposed.                                                                





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