- 4 - provided with sufficient verification that the requirement of the applicable laws and administrative procedures had been met; (2) that the issues raised by petitioners were frivolous; (3) that petitioners did not wish to pursue any other collection alternatives; and (4) that the proposed collection action would balance the need for efficient collection of tax with the taxpayer’s legitimate concern that any collection action be no more intrusive than necessary. On August 28, 2001, petitioners timely petitioned this Court alleging that they did not owe any tax and that the issues they raised at the Collection Due Process Hearing were not addressed by respondent’s Appeals officer. Discussion Summary judgment is the appropriate means by which to resolve this case where the pleadings and other materials demonstrate that no genuine issue exists as to any material fact and a decision may be rendered as a matter of law. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988); Shiosaki v. Commissioner, 61 T.C. 861, 862 (1974). Section 6330 provides that, upon request and in the circumstances described therein, a taxpayer has a right to a “fair hearing”. Sec. 6330(b). A “fair hearing” consists of thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011