Michael A. Zapara and Gina A. Zapara - Page 22

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          the section 6335(f) mandate to comply with petitioners’ request             
          to sell it.  In evaluating the circumstances under which the                
          Government should be considered to assume the risk of loss with             
          respect to seized property, three appellate court cases are                 
          especially instructive.  Two of these cases, United States v.               
          Barlows, Inc., 767 F.2d 1098 (4th Cir. 1985), and United States             
          v. Pittman, 449 F.2d 623 (7th Cir. 1971), were discussed in                 
          Zapara I.  In these two cases, the Government was held to have              
          assumed the risk of loss with respect to seized property; the               
          taxpayers were afforded the same type of equitable relief that we           
          have provided petitioners.  The third case, Stead v. United                 
          States, 419 F.3d 944 (9th Cir. 2005), decided after our opinion             
          in Zapara I (and after the filing of respondent’s motion for                
          reconsideration), concluded that the risk of loss did not pass to           
          the Government.  A comparison of the facts and analyses of these            
          three cases convinces us that the result in the instant case                
          properly aligns with the result in Barlows and Pittman.                     
               The courts in Barlows and Pittman held that the Government             
          assumed the risk of loss with respect to levied-upon properties             
          (an account receivable in Barlows, real estate in Pittman) where            
          it exercised dominion and control over the properties, having               
          failed to publish notice of sale “as soon as practicable”, as               
          required by section 6335(b).  In each case, the Government’s                
          actions impeded the taxpayer’s ability to use the levied-upon               
          property to defray outstanding tax liabilities and increased the            




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