- 3 - Notice of Determination Concerning Collection Actions Under Section 6320 and/or 6330. Thereafter, petitioner filed a timely petition with this Court on December 22, 2004.1 In the petition, petitioner alleges that he is not obligated to pay Federal income taxes, stating: After reading the tax code I determined that I was not obligated to pay Federal Income tax. I filed EXEMPT W- 4 Form with my employer and sent paper work to the IRS stating my position through certified mail. I asked the IRS to get back to me within 30 days. I did not hear anything from the IRS until 6 YEARS later. Interest + penalties accured. The IRS was negligent. Thus, it appears that petitioner is attempting to challenge the underlying tax liabilities for the 1998, 1999, 2000, and 2001 tax years. 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 material fact and a decision may be rendered as a matter of law. See Rule 121(a) and (b). The moving party bears the burden of proving that there is no genuine issue of material fact, and factual inferences are viewed in a light most favorable to the nonmoving party. Craig v. Commissioner, 119 T.C. 252, 260 1In his petition, petitioner incorrectly selected the box on the Court’s standard petition form for “Petition for Redetermination of a Deficiency”. The Court has treated the petition as a “Petition for Lien or Levy Action”.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011