Greene-Thapedi v. Commissioner of Internal Revenue

In 1997, the United States Tax Court entered a decision finding that Llwellyn Greene-Thapedi (plaintiff) underpaid her 1992 taxes. The Internal Revenue Service (IRS) (defendant) sent Greene-Thapedi a notice of balance due, which Greene-Thapedi alleged never to have received. Incidentally, Greene-Thapedi overpaid her 1999 taxes. In 2001, the IRS sent Greene-Thapedi a notice of intent to levy as part of its effort to collect the outstanding balance on her 1992 taxes. The IRS then sent Greene-Thapedi a notice of determination sustaining the proposed levy. Greene-Thapedi filed a petition with the United States Tax Court under § 6330 of the Internal Revenue Code (code) challenging the determination. Sometime after Greene-Thapedi filed her petition, the IRS used Greene-Thapedi’s overpayment on her 1999 taxes to offset her 1992 liability. This offset satisfied the 1992 liability, and the IRS filed a motion for partial summary judgment with the Tax Court. Greene-Thapedi learned of the offset from the IRS’s motion. Greene-Thapedi then filed motions asking to add to her petition the issue of her 1999 tax liability. Greene-Thapedi also sued the federal government in district court, seeking a refund of her 1999 overpayment. The district court stayed its proceedings pending the resolution of the Tax Court proceedings, which the district court believed would resolve crucial factual issues concerning the propriety of granting a refund. The IRS argued to the Tax Court that, because Greene-Thapedi’s 1992 liability had been covered by the offset, any dispute over the collection of that liability was moot. Accordingly, the IRS argued, the Tax Court no longer had jurisdiction over Greene-Thapedi’s petition under § 6330.