- 10 - taxable years 1995 and 1996.5 Respondent’s Motion The Court may grant summary judgment where there is no genu- ine 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 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 petitioner’s September 9, 1997 letter and petitioner’s attachments to Forms 12153, petitioner’s response to respondent’s motion (petitioner’s response) contains contentions, arguments, and requests that the Court finds to be frivolous and/or groundless.6 5The Court will recharacterize respondent’s motion for partial summary judgment as a motion for summary judgment. 6The contentions, arguments, and requests set forth in petitioner’s response are similar to the contentions, arguments, and requests 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 the Commissioner of Internal Revenue in such other cases. See, e.g., Smith v. Commissioner, T.C. Memo. 2003-45.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011