Michael A. and Esther N. Milnes - Page 5




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          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).  The moving party bears the burden of proving that              
          there is no genuine issue of material fact.  Dahlstrom v.                   
          Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner,             
          79 T.C. 340, 344 (1982).                                                    
          B.   Analysis                                                               
               Petitioners do not challenge the existence or amounts of               
          their underlying income tax liabilities for the years in issue.             
          Where the taxpayer’s underlying tax liability is not at issue, we           
          review the Commissioner’s administrative determination for abuse            
          of discretion.  Sego v. Commissioner, 114 T.C. 604, 610 (2000);             
          Goza v. Commissioner, 114 T.C. 176, 181 (2000).                             
               There are no genuine issues of material fact.  We conclude             
          that summary judgment is appropriate.  See Rule 121(b).                     
               1.   Whether We Have Jurisdiction Over Employment Taxes                
               Petitioners contend that respondent erroneously tried to               
          collect employment taxes related to petitioner’s law corporation            
          from petitioners.  We lack jurisdiction to decide that issue.               
          Moore v. Commissioner, 114 T.C. 171, 175 (2000).                            
               2.   Whether We Have Jurisdiction To Decide Whether                    
                    Respondent Sent Notices of Federal Tax Liens to                   
                    Petitioners’ Last Known Address                                   
               Petitioners contend that respondent did not send notice of             
          the Federal tax liens for tax years 1991, 1993, and 1995 to their           






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