- 12 - notice of sale, section 6335(f) provides a remedy. See Anderson v. United States, 44 F.3d 795, 800 (9th Cir. 1995). The owner may request the sale to take place within 60 days, and the Secretary “shall comply with such request”, unless the Secretary determines (and notifies the owner within the requisite 60 days) that the sale would not be in the best interests of the United States. Sec. 6335(f). The Federal courts “have always required strict compliance by the government with � 6335”. Anderson v. United States, supra at 800. The regulations under section 6335(f) prescribe the form in which the section 6335(f) request is to be made. We have no occasion here to question respondent’s ability to insist upon strict adherence to those regulatory requirements in the first instance when a taxpayer requests respondent to sell seized property. But where, as in this case, respondent’s agents and officers themselves appeared unaware of either the statutory or regulatory requirements under section 6335(f), and received and processed petitioners’ request to sell the seized property, insisting only upon conditions that lie outside the regulatory requirements, and the facts do not indicate that respondent otherwise lacked the information necessary to comply with petitioners’ request, respondent cannot be heard to complain in hindsight that petitioners’ request was insufficient. Respondent contends that the Appeals officer did not abuse her discretion in “finding that petitioners did not make aPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011