Louis S. and Laura L. Schnitzler - Page 6




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          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.                                             




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