Alan Lee and Debi Marie Kuykendall - Page 6




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          Commissioner, 90 T.C. 678, 681 (1988).  The Court may grant                 
          summary judgment when there is no genuine issue of material fact            
          and a decision may be rendered as a matter of law.  Rule 121(b);            
          Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd.            
          17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753,           
          754 (1988).  The moving party bears the burden of proving that              
          there is no genuine issue of material fact.  Dahlstrom v.                   
          Commissioner, 85 T.C. 812, 821 (1985); Naftel v. Commissioner, 85           
          T.C. 527, 529 (1985).  The Court will view any factual material             
          and inferences in the light most favorable to the nonmoving                 
          party.  Dahlstrom v. Commissioner, supra at 821; Naftel v.                  
          Commissioner, supra at 529.                                                 
               Before the Commissioner may levy on any property or property           
          right, the taxpayer must be provided written notice of the right            
          to request a hearing during the 30-day period before the first              
          levy.  Sec. 6330(a).  If the taxpayer requests a hearing, an                
          Appeals officer of the Commissioner must hold the hearing.  Sec.            
          6330(b)(1).  At the hearing, the taxpayer may raise any relevant            
          issue relating to the unpaid tax or the proposed levy, including            
          appropriate spousal defenses, challenges to the appropriateness             
          of collection actions, and offers of collection alternatives.               
          Sec. 6330(c)(2)(A).                                                         
               Section 6330(c)(2)(B) limits the taxpayer’s ability to                 
          challenge the underlying tax liability during the hearing.                  







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