-6- discretion where the validity of the underlying liability is not properly at issue. Sego v. Commissioner, 114 T.C. 604, 610 (2000). Here, respondent notified petitioners that he was proposing to levy upon their property in order to collect their Federal income tax debt for 1997. Petitioners requested the hearing referenced in section 6330, which was later held with Appeals. Following the determination by Appeals that respondent’s proposed levy was proper, petitioners sought relief in this Court. Petitioners argue that the notices of determination were in error because, they allege: (1) The assessment was not valid; (2) the Appeals officer never received verification that the requirements of applicable law and procedure had been met; (3) the underlying tax liability was incorrect; (4) they never received a “valid” notice of deficiency; (5) they never received a notice and demand for payment; and (6) a frivolous return penalty under section 6702 was incorrect. 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 noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011