Dennis M. Mudd - Page 5




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          petitioner filed with the Court a petition for lien or levy                 
          action seeking review of respondent’s notice of determination.3             
          At the time that the petition was filed, petitioner resided in              
          Allegan, Michigan.  Sheila Mudd did not join in filing the                  
          petition.                                                                   
               As indicated, respondent maintains 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 the            
          Appeals officer’s review of transcripts of account with regard to           
          petitioner’s account for 1992 to 1997 and 1999 satisfied the                
          verification requirement imposed under section 6330(c)(1) and               
          demonstrates that petitioner was issued a notice and demand for             
          payment for each of those years.                                            
               Petitioner filed an objection to respondent’s motion.                  
          Thereafter, pursuant to notice, respondent’s motion was called              
          for hearing at the Court’s motions session in Washington, D.C.              
          Discussion                                                                  
               Section 6331(a) provides that if any person liable to pay              
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, the Secretary is authorized to               



               3  The petition was delivered to the Court in an envelope              
          bearing a timely U.S. Postal Service postmark dated Dec. 14,                
          2001.  See sec. 6330(d).  We attribute the delay in the delivery            
          of the petition to the Court to delays associated with the                  
          anthrax contamination that occurred at the U.S. Postal Service’s            
          Brentwood facility in Oct. 2001.                                            





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