Ted L. Williams - Page 4




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               4/15/1996, showing total tax due of $8,125.87.  The                    
               information that you have provided regarding your                      
               position, including the information presented by you at                
               your hearing on 10/18/2000, did not change our position                
               that we have a valid assessment for 1995.  However,                    
               with regard to the civil penalties assessed for 1996                   
               (4@$500), and 1997(1@$500,they cannot be considered                    
               under the collection due process procedure, because                    
               they have a separate appeal procedure under Penalty                    
               Appeals.  Therefore, they will be considered under that                
               procedure, and you will be notified of the result.  Any                
               other issues raised by you were determined to be not                   
               applicable to our consideration of this case.                          
               (3) The proposed collection action for 1995 balances                   
               the need for the efficient collection of the tax with                  
               your legitimate concern that any collection action be                  
               no more intrusive than necessary.  [Reproduced liter-                  
               ally.]                                                                 
                                     Discussion                                       
               The Court may grant summary judgment where there is no                 
          genuine issue of material fact and a decision may be rendered as            
          a matter of law.  Rule 121(b);2 Sundstrand Corp. v. Commissioner,           
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  We             
          conclude that there is no genuine issue of material fact regard-            
          ing the questions raised in respondent’s motion.                            
               The validity of the underlying tax liability for 1995 is not           
          at issue in this case.3  Consequently, we shall consider the                


               2Unless otherwise indicated, all Rule references are to the            
          Tax Court Rules of Practice and Procedure.  Unless otherwise                
          indicated, all section references are to the Internal Revenue               
          Code in effect at all relevant times.                                       
               3Although not altogether clear, petitioner may have chal-              
          lenged the underlying tax liability for 1995 at the Appeals                 
          Office hearing.  However, petitioner did not raise any challenge            
                                                             (continued...)           





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