Michael A. Zapara and Gina A. Zapara - Page 18

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          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 or                    




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