Joseph W. McBride - Page 7

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            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.                






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