Estate of Joseph L. Mangiardi v. Commissioner of IRS

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 12, 2011
• Docket: 11-11609
• Status: Unpublished

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT OCT 12, 2011 No. 11-11609 JOHN LEY ________________________ CLERK

Tax Court No. 3958-08L

ESTATE OF JOSEPH L. MANGIARDI, DECEASED,

Petitioner-Appellant,

versus

COMMISSIONER OF IRS,

Respondent-Appellee.

________________

Appeal from a Decision of the United States Tax Court _________________

(October 12, 2011)

Before TJOFLAT and CARNES, Circuit Judges, and MICKLE,* District Judge.

PER CURIAM:

* Honorable Stephan P. Mickle, United States District Judge for the Northern District of Florida, sitting by designation. The estate of Joseph L. Magiardi appeals the United States Tax Court’s

ruling upholding the Commissioner of Internal Revenue’s decision to collect the

estate’s unpaid federal estate tax liability by levy. The estate argues that the

Internal Revenue Service Office of Appeals abused its discretion when it rejected

the estate’s offer to settle that unpaid tax liability, which totaled more than $3

million, for the estate’s remaining assets, worth $700,000. According to the

estate, the Office of Appeals abused its discretion because it misapplied the law

(1) when it considered the potential to collect more than the offered $700,000 by

pursuing assets that had already been transferred to beneficiaries of the estate; (2)

by incorrectly valuing those transferees’ liability; and (3) by failing to quantify the

amount that the IRS could reasonably expect to collect from those transferees.

After considering the arguments of the parties, we agree with the Tax Court

that the IRS Office of Appeals did not abuse its discretion as the estate contends.

AFFIRMED.