- 11 - generally limited to reviewing whether a proposed levy action is proper.” Id. The Court declined to entertain the taxpayer’s motion for sanctions against the Government, reasoning that the taxpayer “has received all the relief to which she is entitled under section 6330”. Id. Similarly, in Gerakios v. Commissioner, T.C. Memo. 2004-203, we dismissed the collection review proceeding as moot where the parties agreed that there was no unpaid liability upon which a lien or levy could be based after the taxpayer had paid the liability in full. In the instant case, as in Chocallo and Gerakios, respondent acknowledges that there is no unpaid liability for the determination year upon which a levy could be based and has stated that he is no longer pursuing the proposed levy. Accordingly, in this case, as in Chocallo and Gerakios, the proposed levy for petitioner’s 1992 tax liability is moot. In the instant case, unlike in Chocallo, respondent does not concede that the proposed levy was improperly made, nor has respondent returned to petitioner the disputed amounts that have been applied to satisfy petitioner’s 1992 account. These circumstances, however, do not dictate a different result in this case. In this case, unlike in Chocallo, respondent has collected no amounts by levy. Respondent’s offset of petitioner’s 1999 overpayment against her 1992 tax account was pursuant to sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011