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




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          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 1998.  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) they never                
          received a “valid” notice of deficiency; and (4) they never                 
          received a notice and demand for payment.                                   
               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           






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