Robert C. MacElvain - Page 11




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               In Goza v. Commissioner, 114 T.C. 176 (2000), we explained             
          that section 6330(c) provides for an Appeals Office hearing to              
          address collection issues such as spousal defenses, the                     
          appropriateness of the Commissioner's intended collection                   
          activities, and possible alternative means of collection.  The              
          taxpayer in Goza had received a notice of deficiency, yet failed            
          to file a petition for redetermination with the Court.  When the            
          taxpayer subsequently attempted to use the Court's procedures               
          governing Lien and Levy Actions as a forum to assert frivolous              
          and groundless constitutional arguments against the Federal                 
          income tax, we cited the statutory limitation imposed under                 
          section 6330(c)(2)(B) and dismissed the petition for failure to             
          state a claim upon which relief could be granted.6                          
               Based on our review of the record in this case, we hold that           
          there is no dispute as to a material fact and that respondent is            
          entitled to partial summary judgment as a matter of law.  In                
          particular, the record in the instant case shows that petitioner            
          received notices of deficiency for the taxable years 1980, 1981,            
          1982, and 1983.  Morever, petitioner filed petitions with the               
          Court contesting those notices.  As previously discussed, those             
          petitions were disposed of either by stipulated decision, order             


               6  In Goza v. Commissioner, 114 T.C. 176 (2000), the                   
          Commissioner moved to dismiss for failure to state a claim before           
          filing an answer.  In the present case, respondent did not move             
          for partial summary judgment until well after the case was at               
          issue within the meaning of Rule 38.                                        





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