- 8 - that: (1) The Appeals officer failed to obtain verification from the Secretary that the requirements of any applicable law or administrative procedure were met as required under section 6330(c)(1); (2) petitioners never received a notice and demand for payment; and (3) petitioners were denied the opportunity to challenge (a) the appropriateness of the collection action, and (b) the existence or amount of their underlying tax liability. G. Respondent’s Motion for Summary Judgment After filing an answer to the petition, respondent filed a Motion For Summary Judgment And To Impose A Penalty Under I.R.C. Section 6673 asserting that there is no dispute as to a material fact and that respondent is entitled to judgment as a matter of law. In particular, respondent contends that: (1) Because petitioners received the notice of deficiency dated October 8, 1999, they cannot challenge the existence or amount of their underlying tax liability for 1997 in this proceeding; (2) the Appeals officer’s review of the IMF MCC transcript of account with regard to petitioners’ account for 1997 satisfied the verification requirement imposed under section 6330(c)(1); (3) the record shows that petitioners were issued a notice and demand for payment; and (4) petitioners’ behavior warrants the imposition of a penalty under section 6673. 4(...continued) in Las Vegas, Nev.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011