Daniel and Sally A. Holguin - Page 12

                                       - 12 -                                         
          Respondent’s Motion for                                                     
          Summary Judgment as to Mr. Holguin                                          
               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 for summary           
          judgment as to Mr. Holguin.                                                 
               Where, as is the case here, the validity of the underlying             
          tax liability is not properly placed at issue, the Court will               
          review the determination of the Commissioner of Internal Revenue            
          for abuse of discretion.  Sego v. Commissioner, 114 T.C. 604, 610           
          (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000).                 
               As was true of petitioners’ attachment to their 1994 Form              
          1040, petitioners’ attachment to their 1995 Form 1040, petition-            
          ers’ attachment to their 1996 Form 1040, and petitioners’ attach-           
          ment to Form 12153, petitioners’ response to respondent’s motion            
          for summary judgment as to Mr. Holguin (petitioners’ response as            
          to Mr. Holguin) contains statements, contentions, and arguments             
          that the Court finds to be frivolous and/or groundless.13                   

               13The statements, contentions, and arguments set forth in              
          petitioners’ response as to Mr. Holguin are similar to the types            
          of statements, contentions, and arguments set forth in responses            
          by certain other taxpayers with cases in the Court to motions for           
          summary judgment and to impose a penalty under sec. 6673 filed by           
                                                             (continued...)           





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