David and Theresa Smeton - Page 9




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               F.  Petitioners’ Petition                                              
               On April 5, 2001, petitioners filed with the Court a                   
          petition for lien or levy action seeking review of respondent’s             
          notice of determination.7  The petition includes allegations                
          that:  (1) The Appeals officer failed to obtain verification from           
          the Secretary that the requirements of any applicable law or                
          administrative procedure were met as required under section                 
          6330(c)(1); (2) petitioners never received a notice and demand              
          for payment; and (3) petitioners were denied the opportunity to             
          challenge (a) the appropriateness of the collection action; and             
          (b) the existence or amount of their underlying tax liability.              
               G.  Respondent’s Motion for Summary Judgment                           
               As indicated, respondent filed a Motion For Summary Judgment           
          And To Impose A Penalty Under I.R.C. Section 6673 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            



               6(...continued)                                                        
          that “During the Collection Due Process Hearing I provided you a            
          Summary Record of Assessment, which you handed back to me because           
          the Secretary did not sign it.”                                             
               At the hearing on respondent’s motion, respondent’s counsel            
          represented that what was provided to petitioners at the Appeals            
          Office hearing was Form 4340, Certificate of Assessments,                   
          Payments, and Other Specified Matters, with regard to                       
          petitioners’ taxable year 1997.                                             
               7  At the time that the petition was filed, petitioners                
          resided in Las Vegas, Nevada.                                               





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