Daniel J. and Ruth E. Tapio - Page 4




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          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 the            






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