Thomas G Collier - Page 7

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          show that there is no genuine issue as to any material fact and             
          that a decision may be rendered as a matter of law.”                        
               The moving party bears the burden of demonstrating that no             
          genuine issue of material fact exists and that he or she is                 
          entitled to judgment as a matter of law.  Sundstrand Corp. v.               
          Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th               
          Cir. 1994).  Facts are viewed in the light most favorable to the            
          nonmoving party.  Id.  However, where a motion for summary                  
          judgment has been properly made and supported by the moving                 
          party, the opposing party may not rest upon mere allegations or             
          denials contained in that party’s pleadings but must by                     
          affidavits or otherwise set forth specific facts showing that               
          there is a genuine issue for trial.  Rule 121(d).                           
          I.  Collection Actions                                                      
               A.  General Rules                                                      
               Section 6331(a) authorizes the Commissioner to levy upon all           
          property and rights to property of a taxpayer where there exists            
          a failure to pay any tax liability within 10 days after notice              
          and demand for payment.  Sections 6331(d) and 6330 then set forth           
          procedures generally applicable to afford protections for                   
          taxpayers in such levy situations.  Section 6331(d) establishes             
          the requirement that a person be provided with at least 30 days’            
          prior written notice of the Commissioner’s intent to levy before            
          collection may proceed.  Section 6331(d) also indicates that this           






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