- 7 - Determination Based on the facts of the case, the collection action taken was proper and appropriate. Compliance followed the applicable law and administrative procedures. It is recommended that your account be reassigned to the Compliance for further collection action. [Reproduced literally.] In response to the notice of determination, petitioner filed a petition with the Court. The petition contained statements, contentions, arguments, and requests that the Court finds to be frivolous and/or groundless.5 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). Although not altogether clear, petitioner may be taking the position that the Court should deny respondent’s motion because there is a genuine issue of material fact, viz, whether the June 8, 2004 telephone call constituted petitioner’s Appeals Office hearing under section 6320(b). Petitioner contends that it did not and that the Court should remand this case to the Appeals 5The frivolous and/or groundless statements, contentions, arguments, and requests in petitioner’s petition are similar to the frivolous and/or groundless statements, contentions, arguments, and requests in the respective petitions filed with the Court by certain other taxpayers. See, e.g., Copeland v. Commissioner, T.C. Memo. 2003-46.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011