- 6 - * * * the Secretary has no authority to assess a different figure than the “$0.00" which petitioner assessed himself as owing for 1996 subtitle A taxes, the Secretary had no authority to determine that there was a deficiency in respect of subtitle A taxes, pursuant to �6212. Therefore, the “notice of deficiency” was a legal nullity for that reason, as well as because there is no evidence in the record to establish that the person who sent the document on behalf of the Secretary was delegated to do so by a delegation order published in the Federal Register as required by 5 USC �553 and 44 USC �1505. Discussion Respondent contends that there is no dispute as to any material fact with respect to this collection action and that respondent’s determination to proceed with collection of petitioner’s outstanding tax for 1996 should be sustained as a matter of law. Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). The Court may grant summary judgment when there is no genuine issue of material fact and a decision may be rendered as matter of law. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988). We conclude that there are no genuine issues of material fact regarding the questions raised in respondent’s motion, and a decision may be rendered as a matter of law. When, as is the case here, the taxpayer received a notice of deficiency and did not petition the Court, the validity of thePage: Previous 1 2 3 4 5 6 7 8 9 Next
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