William A. Swann and Judith A. Swann - Page 6




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               return include, in part, their statement “... we know                  
               that no section of the Internal Revenue Code:                          
               1) Establishes an income tax ‘liability’...”  In es-                   
               sence, this argument is repeated again in their attach-                
               ment to their Form 12153.  Therefore, further discus-                  
               sion was considered non-productive.  In addition, since                
               the taxpayers are not in filing compliance for tax year                
               2000, they are not now eligible for an offer or an                     
               installment agreement.                                                 
               Balancing the Need for Efficient Collection with Tax-                  
               payer Concerns                                                         
               The requirements of all applicable laws and administra-                
               tive procedures have been met.  The assessment is                      
               valid.  Given the taxpayers [sic] continued lack of                    
               compliance with the tax laws, a levy or levies on their                
               property and/or rights to property would not be consid-                
               ered more intrusive than necessary when balancing the                  
               taxpayers’ concerns with the government’s need for                     
               efficient collection of the taxes.                                     
                                     Discussion                                       
               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.                      
               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 1998 joint             






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