Harvey L. Hoover - Page 38

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          determination under section 6330(f) that use of a jeopardy levy             
          was appropriate.  Dorn v. Commissioner, 119 T.C. 356, 359 (2002).           
               Petitioner argues that the Court of Appeals for the Seventh            
          Circuit held that respondent may not levy on his U.S. savings               
          bonds.  We disagree.  In United States v. Hoover, 175 F.3d at               
          569, the court found that the U.S. District Court exceeded its              
          authority by ordering petitioner to surrender U.S. savings bonds            
          to pay his tax liability because “the Victim and Witness                    
          Protection Act * * * does not authorize restitution for Title 26            
          tax offenses.”  The Court of Appeals did not address whether                
          respondent could make a jeopardy assessment and levy pursuant to            
          sections 6330(f) and 6331(a); the court only addressed the U.S.             
          District Court’s authority under the Victim and Witness                     
          Protection Act.                                                             
               Petitioner argues that respondent abused his discretion in             
          determining that the collection of petitioner’s deficiencies,               
          interest, and penalties was in jeopardy.  Again, we disagree with           
          petitioner.  Section 301.6861-1(a), Proced. & Admin. Regs., and             
          section 1.6851-1(a)(1)(ii), Income Tax Regs., specifically                  
          provide that collection is in jeopardy when a taxpayer attempts             
          to place assets beyond the Commissioner’s reach by transferring             
          the assets to another person.  In petitioner’s criminal                     
          proceeding, the U.S. District Court ordered petitioner to take              
          all steps necessary to turn over to the United States 304 U.S.              






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