Lance Standifird - Page 6




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          discretion with respect to other issues.  Sego v. Commissioner,             
          114 T.C. 604, 610 (2000).                                                   
               Here, respondent notified petitioner that he was proposing             
          to levy upon petitioner’s property in order to collect                      
          petitioner’s Federal income tax debt for 1990 and 1991.                     
          Following the determination by Appeals that respondent’s proposed           
          levy was proper, petitioner sought relief in this Court.2  The              
          only allegation by petitioner is that “the determination was made           
          without verification that the law and procedures were complied              
          with.”                                                                      
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                
          Commissioner, 90 T.C. 678, 681 (1988).  Summary judgment may be             
          granted with respect to all or any part of the legal issues in              
          controversy “if the pleadings, answers to interrogatories,                  
          depositions, admissions, and any other acceptable materials,                
          together with the affidavits, if any, show that there is no                 
          genuine issue as to any material fact and that a decision may be            
          rendered as a matter of law.”  Rule 121(a) and (b); Sundstrand              
          Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965           
          (7th Cir. 1994).  The moving party bears the burden of proving              


               2 Because we lack jurisdiction over the assessment of the              
          sec. 6702 frivolous return penalties, we shall dismiss for lack             
          of jurisdiction the related part of the petition.  Van Es v.                
          Commissioner, 115 T.C. 324 (2000).                                          





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