- 38 - 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.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011