X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDERI. INTRODUCTION In this action, pro se plaintiff Deborah Ann Buczek alleges that the Internal Revenue Service unlawfully levied her assets to collect income taxes. Defendant United States of America (“the government”) moved to dismiss Buczek’s amended complaint under Rules 12 (b)(1) and (6) of the Federal Rules of Civil Procedure for lack of subject-matter jurisdiction and failure to state a claim upon which relief can be granted. (Docket No. 8.) With briefing fully completed and oral argument deemed unnecessary, this Court will grant the government’s motion and dismiss the amended complaint.II. BACKGROUNDA. Procedural HistoryBuczek initiated this action on March 30, 2015, when she filed a 5-inch-thick complaint against a host of defendants, including the IRS, an IRS agent, a local Congressman, an accountant, a bank, and a law firm, all of whom she alleged participated in the unlawful levying of her assets. (Docket No. 1.) Upon screening under 28 U.S.C. §1915 (e)(2)(B), this Court recognized Buczek’s claim as falling under 26 U.S.C. §7433, which authorizes an action against only the government. See 26 U.S.C. §7433 (providing that a taxpayer may bring a civil action for damages related to the collection of tax “against the United States”). This Court therefore dismissed all named defendants and directed Buczek to file an amended complaint naming the government as the defendant. (Docket No. 4.)In compliance with this Court’s directive, Buczek filed an amended complaint on September 25, 2015 (Docket No. 5), and a supplement to that complaint on October 13, 2015 (Docket No. 6), which in combination this Court has recognized as the operative amended complaint (Docket No. 7).1 This Court directed service of the amended complaint by the United States Marshals Service on February 27, 2017. (Docket No. 7.) On May 12, 2017, the government moved to dismiss the amended complaint for lack of jurisdiction and failure to state a claim upon which relief can be granted. (Docket No. 8.) Briefing on that motion concluded on July 24, 2017. (Docket No. 14.)B. FactsThe following facts, drawn from Buczek’s amended complaint, are assumed true for purposes of assessing the government’s motion to dismiss. See Crupar-Weinmann v. Paris Baguette Am., Inc., 861 F.3d 76, 79 (2d Cir. 2017); ATSI Commc’ns, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007).Buczek alleges that IRS agent Gil Reyes placed unauthorized levies on her social security benefits. (Amended Complaint, 1.) She maintains that Reyes has been “taking” her $914 monthly benefit since April of 2014. (Id. at

2, 6.) She further alleges that the IRS twice took money from her bank account in March 2014 and April of 2015, totaling $946. (Id. at 2.) These levies, she claims, are unlawful because they exceed 15 percent of her monthly benefits. (Id.) Buczek alleges that Reyes improperly continued to levy her benefits even though she requested collection due process hearings under 26 U.S.C. §6330 for tax years 2003, 2005, 2006, 2007, which she claims should have stopped his collection efforts. (Id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›