Irving and Elaine Steinberg - Page 5

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          appeal of a notice of levy is whether respondent’s Appeals Office           
          abused its discretion.  Lunsford v. Commissioner, 117 T.C. 183,             
          185 (2001).  We are asked to affirm, as a matter of summary                 
          judgment, respondent’s Appeals Office’s determination to reject             
          petitioners’ offer-in-compromise and to sustain respondent’s                
          notice of levy.                                                             
               We may grant summary judgment where there remains no                   
          material fact issue and where a party is entitled to judgment as            
          a matter of law.  Rule 122(a); Dahlstrom v. Commissioner, 85 T.C.           
          812, 821 (1985); Espinoza v. Commissioner, 78 T.C. 412, 416                 
          (1982).                                                                     
               The administrative file herein establishes that respondent’s           
          Appeals officer reviewed petitioners’ financial data that was               
          properly and timely submitted during the Appeals Office’s                   
          consideration of petitioners’ appeal, that petitioners failed to            
          submit to respondent’s Appeals Office requested information on              
          time, and that petitioners spent over $100,000 in cash as a                 
          downpayment to purchase an expensive new home at a time when they           
          had substantial Federal income taxes due.                                   
               Based on these facts, we conclude as a matter of law that              
          respondent’s Appeals Office did not abuse its discretion in                 
          issuing the notice of determination rejecting petitioners’ offer-           
          in-compromise and sustaining respondent’s levy notice.                      








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