John Haynes, Jr. - Page 8




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                                     Discussion                                       
              With respect to the pending motion, petitioner was permitted            
          to file a response but elected not to file one.                             
              Summary judgment is appropriate “if the pleadings, answers              
          to interrogatories, depositions, admissions, and any other                  
          acceptable materials, together with the affidavits, if any, show            
          that there is no genuine issue as to any material fact and that a           
          decision may be rendered as a matter of law.”  Rule 121(b).                 
          Summary judgment is intended to expedite litigation and avoid               
          unnecessary and expensive trials.  See Fla. Peach Corp. v.                  
          Commissioner, 90 T.C. 678, 681 (1988).                                      
               Section 6320 generally provides that the IRS cannot proceed            
          with the collection of taxes by way of the filing of a notice of            
          Federal tax lien with respect to a taxpayer’s property until the            
          taxpayer has been given notice of and the opportunity for an                
          administrative review of the proposed filing (in the form of an             
          IRS Office of Appeals hearing).  Section 6330(c)(1) provides that           
          the Appeals officer shall obtain verification that the                      
          requirements of any applicable law or administrative procedure              
          have been met.  Section 6330(c)(2)(A) provides that the taxpayer            
          may raise any relevant issue relating to the unpaid tax including           
          spousal defenses, challenges to the appropriateness of collection           
          actions, and alternatives to collection.  The taxpayer may also             
          raise challenges to the existence or amount of the underlying tax           







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