Because the IRS couldn’t prove that former state Sen. Vincent J. Fumo had taken concrete steps toward sheltering his wealth with family members, a federal judge has tossed a special assessment that the department had levied on him.

The Internal Revenue Service argued that Fumo owes over $3 million, including interest, in tax liability and that the rarely-used jeopardy assessment it imposed was reasonable because Fumo has been transferring cash and property to his son and fiancee in an effort to keep those assets beyond the reach of the IRS.