Randy R. Romano - Page 3

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          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”.                           




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