- 6 - Lynn M. Rehberg has chronic illness (probable multiple sclerosis) since 1989. This led to sale of house and contributed greatly to our financial burden. -Possibly past (3) year deadline for collecting the tax. As stated, the parties filed cross-motions for partial summary judgment. The issue for decision in this opinion is whether petitioners are liable for their unpaid liability. Discussion A partial summary adjudication may be made that does not dispose of all the issues in a case if it is shown, inter alia, that there is no genuine issue of material fact with respect to the question on which partial summary adjudication is sought. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). Based on our review of the record, we are satisfied that there is no genuine issue as to any material fact and that partial summary judgment may be rendered as a matter of law. A taxpayer may challenge the existence or amount of the underlying tax liability in a levy case if the taxpayer did not receive a statutory notice of deficiency or did not otherwise have an opportunity to dispute such tax liability. Sec. 6330(c)(2)(B), as effective for collection actions initiated after January 18, 1999; Montgomery v. Commissioner, 122 T.C. 1 (2004). In the instant case, petitioners may challenge their underlying liability because they did not receive a statutoryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011