Lance Standifird - Page 10




                                        -10-                                          
          under 26 U.S.C. � 6303(a).”  Elias v. Connett, 908 F.2d 521, 525            
          (9th Cir. 1990).                                                            
               Petitioner argues that the declaration of Erin K. Huss                 
          accompanying respondent’s motion for summary judgment is                    
          insufficient to prove that “the Notices were mailed to the                  
          Petitioner’s ‘last known address’ as required by � 6303.”                   
          Petitioner claims that Ms. Huss “is not qualified to testify as             
          to what address the Notices may or may not have been mailed”                
          because “she has absolutely no personal knowledge of the facts              
          that would establish that the Notices were mailed.”  We disagree            
          with petitioner that the declaration is deficient.  The                     
          declaration merely identifies documents contained in respondent’s           
          administrative file, all of which were submitted to the Court as            
          part of respondent’s motion for summary judgment.  This argument            
          by petitioner is without merit.                                             
               For the foregoing reasons, we sustain respondent’s                     
          determination as to the proposed levy as a permissible exercise             
          of discretion.  We now turn to the requested penalty under                  
          section 6673.                                                               
               Section 6673(a)(1) authorizes the Court to require a                   
          taxpayer to pay to the United States a penalty not in excess of             
          $25,000 whenever it appears that proceedings have been instituted           
          or maintained by the taxpayer primarily for delay or that the               
          taxpayer’s position in such proceeding is frivolous or                      






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

Last modified: May 25, 2011