Terrie Elaine Banks - Page 4

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               By order of dismissal entered August 21, 2002, the Court               
          granted respondent’s motion to dismiss for lack of jurisdiction.            
          The Court concluded that, considering the U.S. Postal Service               
          postmark, the petition was mailed 91 days after the mailing of              
          the notice of deficiency and accordingly, the petition was                  
          untimely.  See Malekzad v. Commissioner, 76 T.C. 963 (1981); sec.           
          301.7502-1(c)(1)(iii), Proced. & Admin. Regs.                               
               After the dismissal of that case, respondent assessed the              
          deficiency and addition to tax.  On September 11, 2004, a notice            
          of intent to levy was sent to petitioner.  Petitioner timely                
          requested a hearing.  The tax liability, including addition to              
          tax and interest, at this point was $13,914.58.  In the request             
          for hearing, petitioner questioned the Court’s prior dismissal of           
          the deficiency case and asked that it be reopened.2                         
          Discussion                                                                  
               Summary judgment serves to “expedite litigation and avoid              
          unnecessary and expensive trials.”  Fla. Peach Corp. v.                     
          Commissioner, 90 T.C. 678, 681 (1988).  Either party may move for           
          summary judgment upon all or any part of the legal issues in                
          controversy.  Rule 121(a).  Because there are no genuine issues             


               2  Petitioner also objected on the basis that a notice of              
          Federal tax lien had been filed on July 17, 1996, and that this             
          proceeding represents “double taxation”.  Petitioner attached a             
          copy of the notice of lien which lists the taxpayer as “Terrie              
          Canaday Banks, Aim Alternatives in Managed Care”.  The notice of            
          lien is for employment taxes for periods in 1996.                           





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