- 4 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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