- 17 - relationship between the IRS and Travis Morgan Securities, Inc., such that the stock came into the constructive possession of the Government. See United States v. Natl. Bank of Commerce, 472 U.S. 713, 720 (1985).12 Accordingly, we do not believe that respondent lacked the ability to know the identity of the stocks in the levied-upon stock accounts as necessary to comply with petitioners’ request to sell the stock. More to the point, the administrative record does not suggest that the Appeals officer was ever in doubt as to the identity of the seized property that was the subject of petitioners’ request, that the Appeals officer ever expressly requested further information in this regard (other than as might be incidental to her request for fair market value information), or that any failure by petitioners to provide such information was the reason for respondent’s failure to comply with petitioners’ request to sell the stock. In his memorandum in support of his motion for reconsideration, respondent contends that we should remand this case to the Appeals officer “for a determination as to whether petitioners’ request that respondent sell the stock was sufficient” under the section 6335(f) regulations. In light of the foregoing discussion, we do not believe it is necessary, productive, or appropriate to remand this case to the Appeals officer to reconsider, in hindsight, her compliance with section 12 In their stipulations of fact, the parties have described the stock as being “in the possession of a Revenue Officer”.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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