- 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