Richard H. Frank and Tammy J. Frank - Page 6




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          notice of determination to Ms. Frank.  (We shall refer collec-              
          tively to those two notices as petitioners’ notices of determina-           
          tion).  An attachment to each such notice of determination                  
          stated:                                                                     
               !    The Secretary has provided sufficient verification                
                    that the requirements of any applicable law or                    
                    administrative procedure have been met.                           
               !    Your request for a hearing with Appeals was made                  
                    under IRC �6330 to prevent appropriate collection                 
                    action.  You filed your 1997 tax return, reported                 
                    zero income and claimed a $5,839.56 refund.  You                  
                    were issued a Statutory Notice of Deficiency for                  
                    1997 on November 17, 1999 and given the opportu-                  
                    nity to dispute the liability with the United                     
                    States Tax Court; you failed to do so.  A tele-                   
                    phone [sic] hearing was held with you on December                 
                    20, 2000 to discuss alternative collection propos-                
                    als for 1997.  You failed to discuss or make any                  
                    alternative collection proposals for 1997.                        
               !    Without further cooperation, it is Appeals deci-                  
                    sion that the proposed collection action balances                 
                    the need for efficient collection of taxes with                   
                    the taxpayer’s [sic] legitimate concern that any                  
                    collection action be no more intrusive than neces-                
                    sary.                                                             
                                     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); Sundstrand Corp. v. Commissioner,            
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  We             
          conclude that there are no genuine issues of material fact                  
          regarding the questions raised in respondent’s motion.                      
               Where, as is the case here, the validity of the underlying             






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