Williams v. Commissioner
United States Tax Court
Petitioners seek review under sec. 6863(b)(3)(C), I.R.C. 1986, of respondent's determination to sell property (jewelry and furs) seized from petitioners. The issue for decision is the propriety of respondent's determination to sell the property.
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Petitioners seek review under sec. 6863(b)(3)(C), I.R.C. 1986, of respondent's determination to sell property (jewelry and furs) seized from petitioners. The issue for decision is the propriety of respondent's determination to sell the property. Respondent's decision to sell was based on a determination that the property is "liable to become greatly reduced in value" (sec. 6336). Held: 1. The Court has jurisdiction to act on the motion. 2. The Court may issue a temporary stay of the sale of assets seized pursuant to a jeopardy or termination assessment pending review. 3. Issuance of a…
1Opinion of the Court
Colvin, Judge:
This case of first impression is before the Court on petitioners’ motion to review the respondent’s determination to sell seized property. The issue for decision is the propriety of respondent’s determination to sell jewelry and furs previously seized from petitioners. This is the first motion received by the Tax Court to stay the sale of seized property under section 6863(b)(3)(C),1 enacted November 10, 1988, effective February 8, 1989.
As discussed below, if a motion to review respondent’s decision to sell is granted, the Court may enter an order to stay the sale by the…
2Cases cited27 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Welch v. HelveringSupreme Court of the United States · 1933
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- Bull v. United StatesSupreme Court of the United States · 1935
- Miller v. Standard Nut Margarine Co. of Fla.Supreme Court of the United States · 1932
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3Cited by17 opinions
- Zapara v. Comm'rUnited States Tax Court · 2005
- Kamholz v. CommissionerUnited States Tax Court · 1990
- Churchill v. Comm'rUnited States Tax Court · 2011
- Schlosser v. CommissionerUnited States Tax Court · 1990
- Galusha v. CommissionerUnited States Tax Court · 1990
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