Michael Patrick and Lydia Brewer - Page 7

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               Respondent issued the aforementioned notice of determination           
          on February 19, 2004.                                                       
          Discussion                                                                  
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                
          Commissioner, 90 T.C. 678, 681 (1988).  Summary judgment may be             
          granted with respect to all or any part of the legal issues in              
          controversy “if the pleadings, answers to interrogatories,                  
          depositions, admissions, and any other acceptable materials,                
          together with the affidavits, if any, show that there is no                 
          genuine issue as to any material fact and that 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); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).                
               This Court has jurisdiction under section 6330 to review the           
          Commissioner’s administrative determinations.  Sec. 6330(d).                
          Where, as here, the validity of the underlying tax liability is             
          not at issue, we review the determination for abuse of                      
          discretion.  Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza           
          v. Commissioner, 114 T.C. 176, 183 (2000).                                  
               Under section 6330, a taxpayer is entitled to a hearing in             
          which he or she may raise any relevant issue relating to the                
          unpaid tax or notice of lien filing, including spousal defenses,            
          challenges to the Commissioner’s intended collection action, and            






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