- 6 - notice of determination.2 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 acknowledge that they received the notices of deficiency for 1996 and 1997, they cannot challenge the existence or amounts of their underlying tax liabilities for those years in this proceeding. Respondent further asserts that the Appeals officer’s review of transcripts of account for 1996 and 1997 satisfied the verification requirement imposed under section 6330(c)(1) and demonstrates that petitioners were issued a notice and demand for payment. Petitioners filed an objection to respondent’s motion repeating the various challenges first raised in their request for an administrative hearing. Thereafter, pursuant to notice, respondent’s motion was called for hearing at the Court’s motions session in Washington, D.C. Following the hearing, the Court directed respondent to file a supplement to his motion for summary judgment providing the Court with Forms 4340, Certificate of Assessments, Payments, and Other Specified Matters, with regard to petitioners’ accounts for 1996 and 1997. Respondent complied with the Court’s order. 2 At the time that the petition was filed, petitioners resided in Willits, California.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011