David and Ludmila Klet - Page 5

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          between an Appeals officer and petitioners.  During the hearing,            
          petitioners said that all the money owed to the Internal Revenue            
          Service was discharged with their other debts in a bankruptcy               
          proceeding.                                                                 
               On February 13, 2004, respondent issued to petitioners a               
          Notice of Determination Concerning Collection Action(s) Under               
          Section 6320 and/or 6330 (Notice of Determination), with respect            
          to petitioners’ income tax liabilities for the four years.                  
               On March 11, 2004, petitioners filed a petition with this              
          Court based on the Notice of Determination.  The petition was               
          filed as a petition for lien or levy action under section 6320(c)           
          or 6330(d).  Petitioners challenge their liabilities for the                
          years in issue only on the ground that the liabilities were                 
          discharged by the bankruptcy court.                                         
               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.”  Rule 121(b) directs that a               
          decision on such a motion shall be rendered “if 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.”                        
               The moving party bears the burden of demonstrating that no             
          genuine issue of material fact exists and that he or she is                 






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