William G. Koenig - Page 11




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          opportunity to challenge the existence or amount of his                     
          underlying tax liability.  The petition contains no facts in                
          support of any of these allegations.                                        
               G.  Respondent’s Motion For Summary Judgment                           
               As stated, respondent filed a Motion For Summary Judgment              
          And To Impose A Penalty Under I.R.C. Section 6673.  Respondent              
          also filed a Declaration in support of the motion.  Attached to             
          the Declaration is, inter alia, Form 4340 for petitioner’s                  
          account for 1998.  The Form 4340 shows, inter alia: (1) An                  
          Assessment on July 24, 2000, in respect of the taxable year 1998;           
          and (2) the issuance of a notice of balance due on the date of              
          the assessment.  See supra “B”.                                             
               Petitioner filed an Objection to respondent’s motion,                  
          disagreeing, inter alia, with the imposition of any penalty under           
          section 6673, in part because “I.R. Code Section 6673 does not              
          have the ‘force and effect of law.’”.  Petitioner also repeated             
          his allegation that he never received a “valid” notice of                   
          deficiency; i.e., one signed by the Secretary or someone with               
          delegated authority from the Secretary.                                     
               Thereafter, pursuant to notice, respondent’s motion was                
          called for hearing at the Court's motions session in Washington,            
          D.C.  Petitioner did not attend the hearing, nor did he submit              
          any written statement pursuant to Rule 50(c).                               








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