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