David and Ludmila Klet - Page 6

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          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).                           
               Section 6321 imposes a lien in favor of the United States              
          upon all property and rights to property of a taxpayer where                
          there exists a failure to pay any tax liability after demand for            
          payment.  The lien generally arises at the time assessment is               
          made.  Sec. 6322.                                                           
               The Secretary must notify in writing the person described in           
          section 6321 of the filing of a notice of lien under section                
          6323.  Sec. 6320(a)(1).  The notice required by section 6320 must           
          advise the taxpayer of the opportunity for administrative review            
          of the matter in the form of a hearing before the Internal                  
          Revenue Service Office of Appeals.  Section 6320(b) and (c) grant           
          a taxpayer, who so requests, the right to a fair hearing before             
          an impartial Appeals officer, generally to be conducted in                  
          accordance with the procedures described in section 6330(c).                
               Section 6330(c) addresses the matters to be considered at              






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