-6- 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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