Llwellyn Greene-Thapedi - Page 11

                                       - 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 section            







Page:  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