Tommy Ray Smith - Page 9




                                        - 9 -                                         
          tioner’s response), petitioner contends that the following are              
          genuine issues of material fact:  “Verification from the Secre-             
          tary was not obtained by appeals officer” and “No statutory                 
          notice and demand was sent”.2  The record in this case estab-               
          lishes that the Appeals officer obtained verification from the              
          Secretary that the requirements of any applicable law or adminis-           
          trative procedure were met.  The record further establishes that            
          respondent sent to petitioner a notice of balance due with                  
          respect to petitioner’s unpaid liability for 1997, which, as                
          discussed below, constitutes a notice and demand for payment                
          under section 6303(a), Craig v. Commissioner, 119 T.C. 252, 262-            
          263 (2002).  We conclude that there are no genuine issues of                
          material fact regarding the questions raised in respondent’s                
          motion.                                                                     
               With respect to petitioner’s taxable year 1997, petitioner             
          received a notice of deficiency, but he did not file a petition             
          with respect to that notice.  In the petition, petitioner admits            

               2Petitioner also contends that the following are genuine               
          issues of material fact:                                                    
               No statute establishes a liability for the income tax                  
               or requires the payment of the income tax                              
                  *       *       *       *       *       *       *                   
               Petitioner is not now, and has never been involved in                  
               any occupation requiring taxes be paid by stamp. * * *                 
          The foregoing assertions do not raise genuine issues of material            
          fact.  Those assertions raise frivolous legal arguments.                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011