Wayne Allen Mootz - Page 27




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               Appeals has determined that filing of the Notice of                    
               Federal Tax Lien was appropriate in your case, consid-                 
               ering that you were not able to offer other means to                   
               protect the government’s interest in your assets.                      
               Therefore, lien filing is considered to be the most                    
               efficient method to facilitate collection of the tax.                  
               [Reproduced literally.]                                                
          The notice of determination made no determination with respect to           
          the notice of intent to levy issued with respect to petitioner’s            
          taxable year 2001.  See supra note 3.  In petitioner’s amended              
          petition, petitioner alleged:  “I would like to work out a                  
          payment plan.  I cannot raise enough capital to cover the entire            
          amount.  I have worked with you and need a reasonable settle-               
          ment!”                                                                      
                                     Discussion                                       
               The Court may grant summary judgment where 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).  We             
          conclude that there are no genuine issues of material fact                  
          regarding the questions raised in respondent’s motion.                      
               Petitioner does not dispute the existence or the amount of             
          petitioner’s unpaid 2001 income tax liability or petitioner’s               
          unpaid 2002 income tax liability in the pleadings that he filed             
          in this case or in his response to respondent’s motion.  Although           
          not altogether clear, petitioner appears to argue that respondent           
          abused respondent’s discretion in determining in the notice of              






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