Clyde E. Hack and Carole J. Hack - Page 6




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          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 no                 






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