Michael Balice - Page 7

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               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.                                           




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