Legal Opinion

Prince v. Comm'r

United States Tax Court

Decided November 2, 2009No. 13858-08LPublished

To collect P's 1997, 1998, 1999, and 2002 unpaid income tax liabilities and additions to tax discharged in P's 2005 bankruptcy filing, R served a notice of jeopardy levy on the Los Angeles County District Attorney's Office with respect to funds that the Los Angeles Police Department had seized from P before the bankruptcy on suspicion of fraudulent credit card transactions. Held: P cannot raise third-party claims in a lien or levy case.

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To collect P's 1997, 1998, 1999, and 2002 unpaid income tax liabilities and additions to tax discharged in P's 2005 bankruptcy filing, R served a notice of jeopardy levy on the Los Angeles County District Attorney's Office with respect to funds that the Los Angeles Police Department had seized from P before the bankruptcy on suspicion of fraudulent credit card transactions. Held: P cannot raise third-party claims in a lien or levy case. Held, further, jeopardy levy is proper here where funds belong to P's prebankruptcy estate and are subject to a prebankruptcy lien filed by R.

1Opinion of the Court

JIMMY ASIEGBU PRINCE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Prince v. Comm'r

No. 13858-08L

United States Tax Court

133 T.C. 270; 2009 U.S. Tax Ct. LEXIS 32; 133 T.C. No. 12;

November 2, 2009, Filed

Prince v. Comm'r, T.C. Memo 2003-247, 2003 Tax Ct. Memo LEXIS 247 (T.C., 2003)

To collect P's 1997, 1998, 1999, and 2002 unpaid income tax liabilities and additions to tax discharged in P's 2005 bankruptcy filing, R served a notice of jeopardy levy on the Los Angeles County District Attorney's Office with respect to funds that the Los Angeles Police Department had seized from P before…

2Cases cited16 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  3. Goza v. CommissionerUnited States Tax Court · 2000
  4. Sego v. CommissionerUnited States Tax Court · 2000
  5. Sundstrand Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1994

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