Jonita Conner - Page 3

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               This proceeding arises from a petition for judicial review             
          filed in response to a Notice of Determination Concerning                   
          Collection Action(s) Under Section 6320 and/or 6330 (notice of              
          determination) sent to petitioner on December 22, 2005.  The                
          issue for decision is whether respondent abused his discretion in           
          sustaining a proposed levy action against petitioner.1                      
                                     Background                                       
               Petitioner resided in Silver Spring, Maryland, when her                
          petition was filed.  Petitioner was a practicing physician at the           
          time of trial.                                                              
               Petitioner filed late a 2003 Federal income tax return and             
          did not pay all the tax reported thereon.  Respondent assessed              
          the tax, as well as related penalties and interest, and issued              
          petitioner a Final Notice of Intent to Levy and Notice of Your              
          Right to a Hearing.  Petitioner timely submitted a Form 12153,              
          Request for a Collection Due Process Hearing, offering to pay               
          $100 a month toward her tax liability.                                      
               Petitioner’s case was assigned to a settlement officer, who            
          determined that petitioner had not filed her 2004 tax return.  On           
          November 8, 2005, the settlement officer requested that                     
          petitioner submit a signed 2004 tax return and a Form 433-A,                


               1 Respondent filed a motion for summary judgment in                    
          September 2006.  Because we find there are genuine issues of                
          material fact, summary judgment is inappropriate.  See Naftel v.            
          Commissioner, 85 T.C. 527, 529 (1985).  We therefore shall deny             
          respondent’s motion.                                                        




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