-5- Petitioner did not reply either by writing, as requested, or by telephone, to the Appeals officer’s final letter. On September 1, 2004, the Appeals officer reviewed petitioner’s administrative file, concluded that the proposed levy was appropriate, and mailed to petitioner a notice of determination sustaining respondent’s levy notice. On a motion for summary judgment, we decide whether there is a genuine issue as to any material fact. Rule 121(b). Reviewing the facts in the light most favorable to the nonmoving party, Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985), we decide whether the moving party has shown that: (1) There is no genuine issue of material fact, Craig v. Commissioner, 119 T.C. 252, 260 (2002); and (2) the moving party is entitled to a favorable judgment according to controlling legal principles, Espinoza v. Commissioner, 78 T.C. 412, 416 (1982). Where the underlying tax liability is not in dispute, abuse of discretion is the standard of review in Appeals Office hearing cases. Lunsford v. Commissioner, 117 T.C. 183, 185 (2001). Upon proper and timely request, section 6330 requires respondent to provide taxpayers with an Appeals Office hearing relating to a notice of proposed levy. Sec. 6330(b)(1). We have consistently held that a face-to-face hearing is not invariably required: Where a taxpayer’s rights are not affected by the absence of a face-to-face hearing, Gougler v. Commissioner, T.C. Memo. 2002-185; where a taxpayer fails toPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011