Hugh D. Summers and Teresa E. Summers - Page 12

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          even if respondent did not receive the funds from Commonwealth,             
          the 1989 tax liability has been “constructively paid.”  Mr.                 
          Summers further stated that he would not provide the Form 433-A             
          and petitioners’ 2003 and 2004 tax returns until the above issues           
          were addressed.                                                             
               On June 21, 2005, respondent’s Appeals Office sent                     
          petitioners a Notice of Determination Concerning Collection                 
          Action(s) Under Section 6320 and/or 6330 sustaining the proposed            
          levy because petitioners did not provide the Form 433-A, did not            
          provide 2003 and 2004 tax returns, and did not raise legitimate             
          collection alternatives.  Petitioners timely petitioned this                
          Court seeking review of respondent’s determination to proceed               
          with the collection of petitioners’ 1989 tax liabilities.  On               
          February 28, 2006, respondent filed a motion for summary                    
          judgment, and on March 1, 2006, petitioners filed a motion for              
          summary judgment.  Petitioners filed an objection to respondent’s           
          motion for summary judgment on April 3, 2006, and respondent                
          filed a response to petitioners’ motion for summary judgment on             
          March 24, 2006.                                                             
                                     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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