Randal W. Howard - Page 3

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          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); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988);                
          Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  The moving                
          party bears the burden of proving that there is no genuine issue            
          of material fact, and factual inferences will be read in a manner           
          most favorable to the party opposing summary judgment.  Dahlstrom           
          v. Commissioner, 85 T.C. 812, 820-821 (1985); Jacklin v.                    
          Commissioner, 79 T.C. 340, 344 (1982).                                      
               Based upon our review of the record, we conclude that there            
          is no genuine issue as to any material fact and that respondent             
          is entitled to judgment as a matter of law.  As discussed in                
          greater detail below, we shall grant respondent's motion for                
          summary judgment, enter a decision sustaining the notice of                 
          determination upon which this case is based, and impose a penalty           
          on petitioner pursuant to section 6673.  In addition, respondent            
          has shown good cause for lifting the suspension of the proposed             
          levy, and we shall grant respondent's motion to permit levy.                












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