Jeffrey Sandor Orling - Page 5




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               A hearing was conducted on respondent’s Motion for Summary             
          Judgment on April 30, 2007, at which time the testimony of                  
          petitioner and exhibits were received into the record.                      
          Respondent’s motion was also supported by an affidavit with                 
          attached exhibits.                                                          
                                     Discussion                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                
          Commissioner, 90 T.C. 678 (1988).  Summary judgment may be                  
          granted with respect to all or any part of the legal issues                 
          presented if the acceptable materials available show there is no            
          genuine issue as to any material fact and that a decision may be            
          rendered as a matter of law.  Rule 121(a) and (b).  The moving              
          party bears the burden of establishing that there is no genuine             
          issue of material fact, and any factual inferences will be read             
          in a manner most favorable to the party opposing summary                    
          judgment.  Dahlstrom v. Commissioner, 85 T.C. 812 (1985).  The              
          nonmoving party, however, cannot rest upon the allegations or               
          denials in his pleadings but must “set forth specific facts                 
          showing that there is a genuine issue for trial.”  Rule 121(d).             
               Under section 6330(a), the Secretary is required to notify a           
          person upon whose property respondent intends to levy that the              
          person has a right to a hearing.  If a timely request for hearing           
          is made, a hearing shall be held before an impartial officer or             







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Last modified: November 10, 2007