Meredyth E. Kilgore - Page 6

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          and/or 6330, determining that the proposed levy action was                  
          appropriate.  Petitioner timely filed a Petition for Lien or Levy           
          Action with this Court.  The petition set forth the following               
          allegations:                                                                
                    1) Paying income tax  No legal law statute/code                   
               available for findings                                                 
                    2) frivolous filings & penalties not valid                        
                    3) Assessment cannot be made by IRS/self                          
               assessment only                                                        
                    4) IRS Tax hearing determination/6320/6330 –-                     
                    5) Numerous issues pertaining to invalid                          
               procedures/findings based on NO LAW to collect taxes.                  
               Unconstitutional.                                                      
               On September 25, 2003, respondent filed a Motion to Dismiss            
          for Lack of Jurisdiction and to Strike as to I.R.C. � 6702                  
          Penalty for Tax Year 1996 on the ground that this Court lacks               
          jurisdiction over the section 6702 penalty.  Petitioner did not             
          object, and we granted respondent’s motion to dismiss with                  
          respect to any portion of the case purporting to be an appeal of            
          the section 6702 penalty and ordered that references to the                 
          section 6702 penalty in the petition be stricken.                           
               Respondent filed a Motion for Summary Judgment on December             
          17, 2004.                                                                   
                                     Discussion                                       
               The purpose of summary judgment is to expedite litigation              
          and avoid the expense of unnecessary trials.  Fla. Peach Corp. v.           
          Commissioner, 90 T.C. 678, 681 (1988).  A motion for summary                
          judgment may be granted where there is no dispute as to a                   






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