Charles G. and Daphne C. M. Hall - Page 6




                                        - 6 -                                         
          administrative procedure were met as required under section                 
          6330(c)(1); (2) petitioners never received a notice and demand              
          for payment or valid notice of deficiency; and (3) petitioners              
          were denied the opportunity to raise “relevant issues”.                     
               G.  Respondent’s Motion for Summary Judgment                           
               As indicated, respondent filed a motion for summary judgment           
          asserting that there is no dispute as to a material fact and that           
          respondent is entitled to judgment as a matter of law.  In                  
          particular, respondent contends that because petitioners received           
          the notice of deficiency dated May 26, 2000, they cannot                    
          challenge the existence or amount of their underlying tax                   
          liability for 1998 in this proceeding.  Respondent further                  
          contends that the Appeals officer’s review of Form 4340 with                
          regard to petitioners’ liability for 1998 satisfied the                     
          verification requirement imposed under section 6330(c)(1) and               
          demonstrates that petitioners were issued a notice and demand for           
          payment.                                                                    
               Pursuant to notice, respondent’s motion was called for                 
          hearing at the Court’s motions session in Washington, D.C.                  
          Counsel for respondent appeared at the hearing and offered                  
          argument in support of respondent’s motion.  Although petitioners           
          did not appear at the hearing, they filed with the Court a                  
          written statement pursuant to Rule 50(c).                                   








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011