- 18 - 6335(f). See Lunsford v. Commissioner, 117 T.C. 183, 189 (2001). We believe that the highly predictable outcome of such a remand would only necessitate further judicial review at a later date. Whether This Court Has Authority To Grant Petitioners Relief In Zapara I, we held that because respondent neither complied with petitioners’ request to sell the stock nor determined and notified petitioners that selling the stock would not be in the United States’ best interests, “petitioners are entitled to a credit for the value of the stock accounts as of the date by which the stocks should have been sold under section 6335(f); i.e., 60 days from August 23, 2001.” Zapara v. Commissioner, 124 T.C. at 242. Citing United States v. Barlows, Inc., 53 Bankr. 986 (E.D. Va. 1984), affd. 767 F.2d 1098 (4th Cir. 1985), we held that respondent could not claim any interest or accrue penalties on this credited amount after such date. Id. We noted that if the value of the stock presently exceeds its value as of 60 days from such date, then respondent should sell the stock and give petitioners appropriate credit. Id. n.15. In his motion for reconsideration, respondent contends that this Court lacked jurisdiction to order such relief, characterizing it as an award of “damages”: Petitioners’ request for a credit on their taxes due to the delayed sale of the stock caused by respondent’s alleged disregard of section 6335(f) is a claim for damages. Pursuant to section 7433(a), the United States District Court may only grant relief because of respondent’s reckless, intentional, or negligent disregard of the Internal Revenue Code orPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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