Myong Soo Kim and Sung Me Hwang - Page 12

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         motion as recharacterized because there is no genuine issue as to            
         any material fact, and a decision may be rendered as a matter of             
         law.                                                                         
              The undisputed relevant facts establish that petitioners                
         failed to timely request a section 6330 hearing within the 30-day            
         period provided by section 6330(a)(2).  Sec. 301.6330-1(c)(1),               
         Proced. & Admin. Regs.  Respondent issued the NILs on February 4,            
         2002.  In response to the NILs, petitioners submitted two Forms              
         12153, Request For a Collection Due Process Hearing, each of                 
         which was postmarked March 14, 2002.  Respondent received the                
         Forms 12153 on March 18, 2002.  The Forms 12153 were not mailed              
         by petitioners or received by respondent within the 30-day period            
         beginning on February 4, 2002.                                               
              Section 6330 requires a taxpayer to timely request a section            
         6330 hearing.  Sec. 6330(a)(3); sec. 301.6330-1(c)(1) and (2),               
         Q&A-C3, C5-C7, Proced. & Admin. Regs.; see also Craig v.                     
         Commissioner, 119 T.C. at 257; Kennedy v. Commissioner, 116 T.C.             
         at 262; Offiler v. Commissioner, 114 T.C. at 497.  Petitioners               
         did not do so.  Section 6330 does not authorize the Commissioner             
         to waive the time restrictions imposed therein, nor does it                  

              5(...continued)                                                         
          (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v.                        
          Commissioner, 90 T.C. 753, 754 (1988).  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, 821 (1985).                                      





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