John N. Sweeney - Page 5

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          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 not            
          rely merely on allegations or denials in the pleadings.  Grant              
          Creek Water Works, Ltd. v. Commissioner, 91 T.C. 322, 325 (1988);           
          Casanova Co. v. Commissioner, 87 T.C. 214, 217 (1986).                      
               Section 6330 provides that no levy may be made on any                  
          property or right to property of a person unless the Secretary              
          first notifies him or her in writing of the right to a hearing              
          before the Appeals Office.  The Appeals officer must verify at              
          the hearing that the applicable laws and administrative                     
          procedures have been followed.  Sec. 6330(c)(1).  At the hearing,           
          the person may raise any relevant issues relating to the unpaid             
          tax or the proposed levy, including appropriate spousal defenses,           
          challenges to the appropriateness of collection actions, and                
          collection alternatives.  Sec. 6330(c)(2)(A).  The person may               
          challenge the existence or amount of the underlying tax, however,           






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