Theodore C. and Denise M. Schwartz - Page 9

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          of an Appeals officer to proceed with collection by levy with               
          respect to petitioners’ 1997 through 2003 unpaid income tax                 
          liabilities, which total more than $150,000.  The “case” referred           
          to in section 7463(f) is the case before us in which petitioners            
          are disputing respondent’s determination to collect the unpaid              
          tax.  Unlike the dollar limitation in section 7463(a) that refers           
          to tax dollars in dispute for each year, period, or taxable                 
          event, the limitation in section 7463(f)(2) refers to the amount            
          of unpaid tax involved in a section 6330 collection case.  The              
          unpaid tax in the instant case far exceeds that $50,000                     
          limitation.                                                                 
               Respondent argues:                                                     
               While section 7463(f)(2) may on its face appear to                     
               suggest that the Court should consider the entire                      
               unpaid balance of tax in determining whether the unpaid                
               tax exceeds $50,000.00, section 7463(f) provides, in                   
               pertinent part, “... proceedings may be conducted under                
               this section (in the same manner as a case described in                
               subsection (a))”.                                                      
          From this respondent concludes that the dollar limit in section             
          7463(f)(2) should be applied on a per-year basis as in deficiency           
          cases controlled by section 7463(a).  The problem with this                 
          argument is that it is contrary to the plain meaning of the                 
          language in section 7463(f)(2).  The dollar limit is clearly                
          expressed in terms of the “case” of “an appeal * * * to the Tax             
          Court of a determination in which the unpaid tax does not exceed            
          $50,000.”  The dollar limit refers to the amount of unpaid tax              






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