126 T.C. No. 11 UNITED STATES TAX COURT MICHAEL A. ZAPARA AND GINA A. ZAPARA, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent* Docket No. 9480-02L. Filed April 25, 2006. R moved for reconsideration of our Opinion reported in Zapara v. Commissioner, 124 T.C. 223 (2005) (Zapara I). Finding that R failed to comply with Ps’ written request to liquidate Ps’ levied-upon stock accounts as required by sec. 6335(f), I.R.C., Zapara I held that Ps were entitled to a credit for the value of their seized stock as of the date by which it should have been sold under the statute. R contends that Ps’ citation of sec. 6335(f), I.R.C., on reply brief constituted the untimely raising of a new issue and that the evidence does not show that Ps made sufficient written request pursuant to sec. 6335(f), I.R.C. R also contends that this Court lacks jurisdiction to order the relief provided in Zapara I, which R characterizes as an award of damages pursuant to sec. * This Opinion supplements our prior Opinion in Zapara v. Commissioner, 124 T.C. 223 (2005) (Zapara I).Page: 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