William Wilson - Page 8




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          Notice-–Notice of Intent to Levy is invalid because it was not              
          signed by the Secretary.                                                    
               G.  Respondent’s Motion for Summary Judgment                           
               As indicated, 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 because petitioner received the notices            
          of deficiency dated February 5, 1999, and March 24, 2000, he                
          cannot challenge the existence or amount of his underlying tax              
          liabilities for 1996 and 1998 in this proceeding.  Respondent               
          further contends that the Appeals officers’ review of Forms 4340            
          with regard to petitioner’s accounts for 1996 and 1998 satisfied            
          the verification requirement imposed under section 6330(c)(1) and           
          demonstrates that petitioner was issued a notice and demand for             
          payment for both of the years in question.  Finally, respondent             
          contends that petitioner’s behavior warrants the imposition of a            
          penalty under section 6673.                                                 
               Petitioner filed an objection to respondent’s motion.                  
          Thereafter, pursuant to notice, respondent’s motion was called              
          for hearing at the Court’s motions session in Washington, D.C.              
          After the hearing, respondent filed a supplement to his motion              
          for summary judgment addressing petitioner’s challenge to the               
          validity of the Final Notice-–Notice of Intent to Levy.                     






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