- 4 - conducted petitioner’s section 6330 hearing based on the correspondence received from petitioner. Respondent’s Appeals officer determined that the proposed levy was appropriate and, on August 17, 2005, sent petitioner a notice of determination. Petitioner timely petitioned this Court pursuant to section 6330. Respondent filed a motion for summary judgment and to impose a penalty pursuant to section 6673 on August 21, 2006, and petitioner filed a response and a supplemental response on August 29, and September 13, 2006, respectively. 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 rendered as a matter of law. Rule 121(a) and (b); Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). 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 (2002); Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). The party opposing summary judgment must set forth specific facts that show a genuine question of material fact exists and may notPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011