Clyde E. Hack and Carole J. Hack - Page 7




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          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                
          inferences are drawn in a manner most favorable to the party                
          opposing summary judgment.  Dahlstrom v. Commissioner, 85 T.C.              
          812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344                  
          (1982).                                                                     
               Petitioners have raised no genuine issue as to any material            
          fact.  Accordingly, we conclude that this case is ripe for                  
          summary judgment.                                                           
               Petitioners argue that respondent failed to make a valid               
          assessment of their tax liability because he did not issue to               
          them a Form 23C, Summary Record of Assessment.  They assert that            
          an assessment could not have been made on the basis of their tax            
          return because “it shows no income taxes due and owing for 1997.”           
          We disagree with this argument.  Federal tax assessments are                
          formally recorded on a record of assessment.  Sec. 6203.  The               
          summary record must “provide identification of the taxpayer, the            
          character of the liability assessed, the taxable period, if                 
          applicable, and the amount of the assessment.”  Sec. 301.6203-1,            
          Proced. & Admin. Regs.  The transcript of account received by               
          petitioners before the Appeals Office hearing contained all this            






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