Marc A. Clampitt - Page 4

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          frivolous and directed petitioner to a publication entitled “The            
          Truth About Frivolous Tax Arguments” available on the Internal              
          Revenue Service’s Web site.  Petitioner quickly responded to Mr.            
          Bethea, and in a letter dated November 11, 2005, raised his                 
          frivolous tax protester arguments and attached his frivolous                
          amended return claiming he did not owe taxes for 1998.                      
          Petitioner also informed Mr. Bethea in this letter:  “I have                
          responded to you with this letter so a telephone conference is              
          not necessary.”  Mr. Bethea considered the documents petitioner             
          sent during the section 6330 administrative process, concluded              
          that petitioner’s contentions were frivolous and that petitioner            
          did not offer any collection alternatives, and on December 22,              
          2005, sent petitioner a Notice of Determination Concerning                  
          Collection Action(s) Under Section 6320 and/or 6330, sustaining             
          the proposed levy to collect petitioner’s 1998 tax liabilities.             
          Petitioner timely petitioned this Court.  On May 18, 2006,                  
          respondent filed the instant motion for summary judgment and to             
          impose a penalty pursuant to section 6673.  On June 15, 2006,               
          petitioner filed a response.                                                
                                     Discussion                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials and may be granted where             
          there is no genuine issue of material fact and a decision may be            







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