Rogan C. Bird - Page 4

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          On April 12, 2006, Mrs. Magee sent petitioner a Notice of                   
          Determination sustaining the proposed levy.  On May 15, 2006,               
          petitioner timely petitioned the Court.                                     
               On November 27, 2006, respondent filed the motion for                  
          summary judgment.  The Court ordered petitioner to respond to the           
          motion by January 3, 2006.  Petitioner, in his response,                    
          continued to raise frivolous arguments challenging the underlying           
          liability.                                                                  
                                     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).  The party opposing summary judgment must set forth                 
          specific facts that show that 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).                                                                 






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