- 2 - review under section 6330(d)(1)(A)2 and involves the propriety of respondent’s decision to proceed with collection of income tax petitioner owes for the year 1993. That determination was preceded by respondent’s issuance of a notice of intent to levy and of petitioner’s right to a hearing in connection with an assessed balance of income tax for 1993 in the amount of $8,750.68, including statutory additions to tax. At the time the petition was filed, petitioner’s legal residence was in Texas. No testimonial evidence was adduced at the hearing. Respondent contends that there is no genuine issue of material fact and that the notice of determination should be sustained as a matter of law. Before proceeding with the merits of respondent’s motion and the objection thereto, one prominent aspect of the case must first be addressed. The petition was filed pursuant to respondent’s issuance of a Notice of Determination Concerning 2 Petitioner, through counsel, filed a response to respondent’s motion for summary judgment, not only objecting to respondent’s motion, but affirmatively alleging: “The Petitioner moves for summary determination that Respondent’s denial of his allowable transportation cost was arbitrary, capricious and without reference to administrative rules or law.” Petitioner’s response was not filed as a motion for summary judgment because it was not cast in the proper form. At the hearing, the parties agreed that the case could be considered as cross-motions for summary judgment. On the basis of these representations, we conclude that there are no genuine issues of material fact, and the sole question before the Court is whether, as a matter of law, respondent’s motion should be granted.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011