Michael Craig v. Commissioner - Page 13




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          was not a “determination” under section 6330(d)(1) where the                
          taxpayer’s request for a Hearing was untimely); Nelson v.                   
          Commissioner, T.C. Memo. 2002-264 (same); Lopez v. Commissioner,            
          T.C. Memo. 2001-228 (same).  The fact that respondent held with             
          petitioner a hearing labeled as an equivalent hearing, rather               
          than a hearing labeled as a Hearing, and that respondent issued             
          to petitioner a document labeled as a decision letter, rather               
          than a document labeled as a notice of determination, does not              
          erase the fact that petitioner received a “determination” within            
          the meaning of section 6330(d)(1).  We hold that we have                    
          jurisdiction to decide this case.                                           
          B.   Respondent’s Motion for Summary Judgment                               
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                
          Commissioner, 90 T.C. 678, 681 (1988).  Summary judgment may be             
          granted with respect to all or any part of the legal issues in              
          controversy “if the pleadings, answers to interrogatories,                  
          depositions, admissions, and any other acceptable materials,                
          together with the affidavits, if any, show that there is no                 
          genuine issue as to any material fact and that a decision may be            
          rendered as a matter of law.”  Rule 121(a) and (b); Sundstrand              
          Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965           
          (7th Cir. 1994).  The moving party bears the burden of proving              
          that there is no genuine issue of material fact, and factual                






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