- 7 - forth in respondent’s motion nor does it allege any new facts. Thus, in responding to respondent’s motion, petitioner did not set forth specific facts showing that there is a genuine issue for trial. See Rule 121(d). Furthermore, petitioner’s motion does not take issue with the Appeals officer’s determination that petitioner is not eligible for an installment agreement. Petitioner’s motion for summary judgment consists of a series of legal statements that raise frivolous and groundless issues. First, petitioner’s motion states that “unless an ‘assessment’ of an ‘imposed’ tax ‘has been made’ the imposed tax cannot be ‘collected by levy or by a proceeding in court’.” While we agree that, generally, the tax must be assessed as a liability of the taxpayer before there can be a levy on the taxpayer’s property to collect the tax, see secs. 6303(a), 6330, 6501(a), and 6502, there is ample evidence in the record of this case to show that the subject tax determined by respondent was properly assessed. The notice of determination issued on August 29, 2003, sets forth the statement of the Appeals officer that “the assessment is valid.” Furthermore, attached to the Declaration of the Appeals officer is a copy of the transcript of petitioner’s account, dated May 12, 2003, showing that the subject tax was assessed on June 7, 1999.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011