Legal Opinion

Galusha v. Commissioner

United States Tax Court

Decided September 4, 1990No. Docket No. 17256-90PublishedCited by 6 opinions

R made a jeopardy assessment against P. At or about the same time R seized P's boat, advertised it for sale, and provided P the opportunity to post bond to avoid the sale of P's boat.

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R made a jeopardy assessment against P. At or about the same time R seized P's boat, advertised it for sale, and provided P the opportunity to post bond to avoid the sale of P's boat. Subsequently, R mailed a notice of deficiency to P, who immediately petitioned this Court and also moved for a stay of the sale under sec. 6863(b)(3), I.R.C. 1986. R asserted that sale of the boat was necessary because it is "perishable" within the meaning of sec. 6336, I.R.C. 1986. R also asserted that the boat would become "greatly reduced in price or value" within the meaning of sec. 6863(b)(3)(B)(iii),…

1Opinion of the Court

OPINION

GERBER, Judge:

Petitioner seeks to stay the sale of a boat under section 6863(b)(3).1 Respondent, under section 6861, made a jeopardy assessment on June 1, 1990, for an amount in excess of $223,000. Petitioner purchased, on March 20, 1990, for $72,500, a boat which respondent seized pursuant to the jeopardy assessment. Respondent advertised the boat to be sold on August 1, 1990. On July 27, 1990, respondent mailed a notice of deficiency to petitioner. On July 31, 1990, petitioner filed a petition and also moved to stay the sale. The specific issues raised in this controversy are:…

2Cases cited5 opinions

  1. Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
  2. United States v. Mellon Bank, N. A., Appeal of Milton F. Meissner, Intervenor-RespondentCourt of Appeals for the Third Circuit · 1975
  3. Williams v. CommissionerUnited States Tax Court · 1989
  4. Omnibus Financial Corp. v. United StatesCourt of Appeals for the Ninth Circuit · 1977
  5. Hohman v. United StatesDistrict Court, District of Columbia · 1982

3Cited by6 opinions

  1. Zapara v. Comm'rUnited States Tax Court · 2005
  2. Miravalle v. CommissionerUnited States Tax Court · 1995
  3. Galusha v. CommissionerUnited States Tax Court · 1990
  4. Michael A. Zapara and Gina A. Zapara v. CommissionerUnited States Tax Court · 2005
  5. Miravalle v. CommissionerUnited States Tax Court · 1995

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