Jason Harrington - Page 6




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          Mrs. Magee could not leave a message because petitioner did not             
          have functioning voicemail.  Additionally, petitioner, who had              
          Mrs. Magee’s telephone number, did not contact her after their              
          telephone call was cut off.                                                 
               On August 3, 2005, respondent sent petitioner a Notice of              
          Determination Concerning Collection Actions under Section 6320              
          and/or 6330.  On September 2, 2005, petitioner timely filed a               
          petition with this Court.  In the petition, petitioner claims               
          that he did not receive a collection due process hearing.                   
                                     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             










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