Michael A. Zapara and Gina A. Zapara - Page 17

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          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”.                




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