- 5 - were the underlying liability for additions to tax and respondent’s failure to consider his arguments with respect to reasonable cause. A settlement officer for respondent then reviewed the request and determined that he could not consider the underlying liability because it had already been considered in an Appeals conference. On June 1, 2005, the settlement officer issued the notice of determination indicating that since the underlying liability had been raised previously in a conference with Appeals, it could not be raised again in a collection review proceeding and that Mr. Poppo had not raised any collection alternatives. In response to the notice of determination, Mr. Poppo filed a petition with this Court on July 5, 2005. Mr. Poppo again challenges the underlying liability for the additions to tax, arguing that there was reasonable cause to excuse the late filing and that the additions were assessed without a notice of deficiency. Mr. Poppo further alleges that the estate was never provided a hearing with respondent’s Appeals Office. Discussion Summary judgment may be granted where there is no genuine issue of any material fact and a decision may be rendered as a matter of law. Rule 121(a) and (b); see Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 12 F.3d 965 (7th Cir. 1994). The moving party bears the burden of proving thatPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007