- 7 - Commissioner to return petitioner’s State tax refund to her.5 Cf. Zapara v. Commissioner, 124 T.C. 223 (2005) (requiring the Commissioner to provide the taxpayer a credit with respect to property that the Commissioner had seized pursuant to a jeopardy levy but had improperly refused to sell in compliance with the taxpayer’s request made pursuant to section 6335(f)); Chocallo v. Commissioner, T.C. Memo. 2004-152 (requiring the Commissioner to return to the taxpayer, with interest, the amount collected by levy where the levy had been made without following the hearing procedures required under section 6330(b)). Although petitioner cannot pursue her claim for a refund in this Court, she is not without a remedy, as she may file a claim for refund with the IRS (as suggested in the Notice of Determination and in the decision letter), and if the claim is denied, sue for a refund in the Federal District Court or the U.S. Court of Federal Claims. See McCormick v. Commissioner, 55 T.C. 138, 142 (1970); Koerner v. Commissioner, T.C. Memo. 1997- 144. In light of the foregoing, Decision will be entered for respondent. 5 We expect respondent, however, to give petitioner proper credit for the $139.02 of interest that respondent admits petitioner overpaid for 1991.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011