- 2 - 7433, I.R.C., which R contends is the exclusive remedy for a violation of sec. 6335(f), I.R.C. Held: Ps’ citation of sec. 6335(f), I.R.C., on reply brief did not raise a new issue but appealed to the correct application of law. Held, further, Ps’ request to sell the stock complied with the requirements of sec. 6335(f), I.R.C. Held, further, the relief provided in Zapara I was not an award of damages but specific relief to provide Ps the credit to which they would have been entitled if R had complied with Ps’ request to sell the stock. Held, further, by failing to adhere to the statutory mandate of sec. 6335(f), I.R.C., R frustrated Ps’ ability to use the stock to defray their tax liabilities and increased their risk with respect to the stock; accordingly, R is treated as assuming the risk of loss with respect to the stock. United States v. Barlows, Inc., 767 F.2d 1098 (4th Cir. 1985), and United States v. Pittman, 449 F.2d 623 (7th Cir. 1971), followed; Stead v. United States, 419 F.3d 944 (9th Cir. 2005), distinguished. Held, further, sec. 7433, I.R.C., does not preclude the specific relief provided in Zapara I. Michael A. Zapara and Gina A. Zapara, pro sese. Deborah A. Butler, for respondent. SUPPLEMENTAL OPINION THORNTON, Judge: Respondent has moved for reconsideration of our prior Opinion in Zapara v. Commissioner, 124 T.C. 223 (2005) (Zapara I). In Zapara I, we held, among other things, that in this action pursuant to section 6330(d) to review respondent’s jeopardy levy of certain stock accounts, petitioners are entitled to a credit for the value of their seized stock as of the date by which the stock should have been sold under section 6335(f); i.e., 60 days after petitioners requestedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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