David A. Lehmann - Page 6

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          River, Arizona.4  In the petition, petitioner largely repeated              
          contentions made in his Form 12153 and additionally assigned                
          error on the grounds that he was prohibited from recording the              
          collection hearing.  Petitioner then prayed that this Court issue           
          an order requiring respondent to show cause why the determination           
          should not be vacated; find the determination arbitrary,                    
          capricious, not supported by the evidence, an abuse of                      
          discretion, and contrary to law; vacate the March 11, 2003,                 
          determination; and award petitioner costs and fees incurred in              
          the prosecution of this action.5                                            
               On September 20, 2004, respondent filed a motion for summary           
          judgment pursuant to Rule 121.  Petitioner was directed to file             
          any response to respondent’s motion on or before October 1, 2004.           
          However, upon review of the record, the Court noted certain                 
          internal inconsistencies that rendered summary judgment                     
          inappropriate.6  By order dated September 30, 2004, the Court               

               4 Petitioner initially filed a complaint in the U.S.                   
          District Court for the District of Arizona on Apr. 10, 2003.  The           
          complaint was dismissed for lack of subject matter jurisdiction             
          on Jan. 21, 2004.  Petitioner’s petition to this Court arrived in           
          an envelope bearing a postmark of Feb. 20, 2004.  See sec.                  
          6330(d)(1).                                                                 
               5 The Court notes that to the extent that the petition seeks           
          reasonable administrative and/or litigation costs pursuant to               
          sec. 7430, any such claim is premature and will not be further              
          addressed.  See Rule 231.                                                   
               6 Principally, the exhibits accompanying respondent’s motion           
          for summary judgment contained conflicting dates for issuance of            
                                                             (continued...)           





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