Cheryl D. Flathers - Page 15




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               ate on the civil penalty assessment.  No collection                    
               alternatives could be discussed as the taxpayer is not                 
               in filing compliance and the taxpayer only continued to                
               raise frivolous arguments.                                             
               Given the taxpayer’s history of non-compliance, I                      
               believe that collection action in the form of levy                     
               should be allowed to proceed.  Lacking the taxpayer’s                  
               cooperation, the proposed collection action balances                   
               the need for efficient collection of taxes with the                    
               taxpayer’s legitimate concern that any collection                      
               action be no more intrusive than necessary.                            
                                     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.4  Rule 121(b); 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.                            
               With respect to petitioner’s taxable year 1998, petitioner             
          received a notice of deficiency, but she did not file a petition            
          with respect to that notice.  On the instant record, we find that           
          petitioner may not challenge the existence or the amount of                 



               4The only questions raised in respondent’s motion relate to            
          petitioner’s unpaid liability for 1998 over which we have juris-            
          diction and do not relate to the frivolous return penalty regard-           
          ing her 1998 return over which we do not have jurisdiction.  In             
          this connection, on Feb. 6, 2003, the Court issued an Order                 
          granting respondent’s motion to dismiss this case for lack of               
          jurisdiction insofar as petitioner sought review of either the              
          notice of determination with respect to the frivolous return                
          penalty regarding petitioner’s 1998 return or the decision letter           
          with respect to the frivolous return penalty regarding peti-                
          tioner’s 1998 return.                                                       





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