Edwin J. Dunbar, Jr. - Page 15

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          324, 328-329 (2000).  The Court will sua sponte dismiss this case           
          for lack of jurisdiction insofar as the amended petition seeks              
          review of the notice of determination as it relates to a frivo-             
          lous return penalty under section 6702 with respect to peti-                
          tioner’s taxable year 1998.                                                 
          Respondent’s Motion                                                         
               The Court may grant summary judgment where there is no                 
          genuine issue of material fact and a decision may be rendered as            
          a matter of law.  Rule 121(b); Sundstrand Corp. v. Commissioner,            
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  We             
          conclude that there are no genuine issues of material fact                  
          regarding the questions raised in respondent’s motion.                      
               Petitioner did not file a petition with the Court with                 
          respect to the notice of deficiency that respondent issued to him           
          relating to his taxable years 1992, 1993, and 1994.  Where, as is           
          the case here, the validity of the underlying tax liability is              
          not properly placed at issue, the Court will review the determi-            
          nation of the Commissioner of Internal Revenue for abuse of                 
          discretion.  Sego v. Commissioner, 114 T.C. 604, 610-611 (2000);            
          Goza v. Commissioner, 114 T.C. 176, 181-182 (2000).                         
               Based upon our examination of the entire record before us,             
          we find that respondent did not abuse respondent’s discretion in            
          determining to proceed with the collection action as determined             







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