- 9 - Discussion The Court may grant summary judgment where there is no genuine issue of material fact and a decision may be rendered as a matter of law. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). We conclude that there is no genuine issue of material fact regard- ing the questions raised in respondent’s motion. Petitioner did not dispute the existence or the amount of petitioner’s unpaid liability for 2000 at the Appeals Office hearing or in the petition that she filed in this case. We shall review the notice of determination for abuse of discretion. See Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commis- sioner, 114 T.C. 176, 181-182 (2000). The settlement officer considered all of the allegations and contentions in petitioner’s Form 12153 and in her submissions to such settlement officer. During the Appeals Office hearing that the settlement officer held with petitioner, the settlement officer discussed possible collection alternatives with her, including posting a bond, substituting collateral, or paying in full petitioner’s unpaid liability for 2000. In addition, the settlement officer considered whether there were grounds under section 6323(j) to withdraw the notice of lien. At no time in connection with the Appeals Office hearing did petitioner submit an offer-in-compromise to the settlement officer or request anPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011