Kent E. Hovind - Page 8

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               Petitioner timely filed a petition for review of                       
          respondent’s determination.                                                 

                                     Discussion                                       
               Summary judgment is proper “if the pleadings, answers to               
          interrogatories, depositions, admissions, and any other                     
          acceptable materials, together with the affidavits, if any, show            
          that there is no genuine issue as to any material fact and that a           
          decision may be rendered as a matter of law.”  Beery v.                     
          Commissioner, 122 T.C. 184, 187 (2004).                                     
               A party opposing a motion for summary judgment “may not rest           
          upon the mere allegations or denials of such party's pleading,”             
          but the objecting party's response “must set forth specific facts           
          showing that there is a genuine issue for trial.”  Rule 121(d);             
          Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).                         
               The burden of establishing the nonexistence of a genuine               
          issue of fact is on the party moving for summary judgment.                  
          Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970).                      
               Section 6331(a) provides generally that if a taxpayer liable           
          to pay any tax neglects or refuses to pay the same within 10 days           
          after notice and demand it shall be lawful for respondent to                
          collect such tax by levy upon all property and rights to property           
          belonging to the taxpayer.                                                  
               Section 6331(d)(1) requires that respondent give written               
          notice to a taxpayer prior to making a levy on the taxpayer’s               





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