Michael A. Zapara and Gina A. Zapara - Page 1

                                   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).                               

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