Randy S. Quigley - Page 11

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          lous and/or groundless.8                                                     
                                      Discussion                                       
               The Court may grant summary judgment where there is no                  
          genuine issue of material fact and 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).  We              
          conclude that there are no genuine issues of material fact                   
          regarding the questions raised in respondent’s motion.                       
               Petitioner did not file a petition with the Court with                  
          respect to the notice of deficiency that respondent issued to him            
          relating to his taxable year 1999.  Where, as is the case here,              
          the validity of the underlying tax liability is not properly                 
          placed at issue, the Court will review the determination of the              
          Commissioner of the Internal Revenue for abuse of discretion.                
          Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commis-              
          sioner, 114 T.C. 176, 182 (2000).                                            
               As was true of, inter alia, petitioner’s 1999 return,                   
          petitioner’s attachment to his 1999 return, petitioner’s attach-             
          ment to Form 12153, and the petition, petitioner’s position in               
          petitioner’s response to respondent’s motion (petitioner’s                   


               8The frivolous and/or groundless statements, contentions,               
          arguments, and requests in petitioner’s petition are similar to              
          the frivolous and/or groundless statements, contentions, argu-               
          ments, and requests in respective petitions filed by certain                 
          other taxpayers with cases in the Court.  See, e.g., Copeland v.             
          Commissioner, T.C. Memo. 2003-46.                                            





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