Travis D. Hiland - Page 7

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          2004, determination; order the IRS to hold the statutorily                  
          mandated “Collection Due Process Hearing”; order the IRS to have            
          at the hearing all documents requested by petitioner; and order             
          the Government to reimburse petitioner for all costs incurred in            
          submitting the instant petition.5                                           
               Also on February 13, 2004, petitioner reiterated his request           
          that this Court declare invalid the determination at issue by               
          means of a document and supporting memorandum filed as a motion             
          to dismiss for lack of jurisdiction.  Respondent filed a notice             
          of objection on March 15, 2004, and the Court denied petitioner’s           
          motion on April 15, 2004.                                                   
               After the pleadings were closed in this case, respondent               
          filed the subject motion for summary judgment.  Petitioner was              
          directed to file any response to respondent’s motion on or before           
          September 17, 2004.  No such response was received by the Court.            
                                     Discussion                                       
               Rule 121(a) allows a party to move “for a summary                      
          adjudication in the moving party’s favor upon all or any part of            
          the legal issues in controversy.”  Summary judgment is intended             
          to expedite litigation and to avoid unnecessary trials.  Fla.               
          Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988).  Rule                 


               5 The Court notes that to the extent that the petition seeks           
          reasonable administrative and/or litigation costs pursuant to               
          sec. 7430, any such claim is premature and will not be further              
          addressed.  See Rule 231.                                                   




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