- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011