- 5 - appropriate when “the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, show that there is no genuine issue as to any material fact, and that a decision may be rendered as a matter of law.” Rule 121(a) and (b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). The moving party bears the burden of proving that there is no genuine issue of material fact, and factual inferences are drawn in a manner most favorable to the party opposing summary judgment. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). II. Contention of the Parties Petitioner contends that she is not liable for the deficiencies and that summary judgment is inappropriate because: (1) She never received the lien notice; (2) the “penalty for at least three years should * * * be removed”1 because she has been requesting a hearing on such “penalties” for 3 years; and (3) her offer in compromise was inappropriately denied. Respondent contends that summary judgment is appropriate because: (1) Even if petitioner did not receive the lien notice, 1Petitioner refers to a penalty for all 3 years; however, the record reflects that there are no penalties assessed for the taxable years 1993 and 1994; only an addition to tax was assessed for 2000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011