Richard N. Pate - Page 5




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          79 T.C. 340, 344 (1982).  When a motion for summary judgment is             
          made and properly supported, the adverse party may not rest upon            
          mere allegations or denials of the pleadings but must set forth             
          specific facts showing that there is a genuine issue for trial.             
          Rule 121(d).                                                                
               Petitioner contends that respondent’s Form 1040, U.S.                  
          Individual Income Tax Return, fails to display a valid Office of            
          Management and Budget (OMB) number as required by the Paperwork             
          Reduction Act of 1995 (PRA), 44 U.S.C. sections 3501-3520 (2000).           
          Consequently, petitioner contends, the Court should set aside the           
          notice of determination, because the Appeals settlement officer             
          did not verify that the requirements of the PRA had been                    
          satisfied.2  Petitioner’s contention is without merit.                      
               Section 6330(c)(1) requires, in the case of any hearing                
          conducted with respect to a proposed collection action, that the            
          Appeals officer “obtain verification from the Secretary that the            

               2 In his response to respondent’s motion for summary                   
          judgment, petitioner does not renew the argument, alluded to in             
          his petition, that he is entitled to relief because the                     
          “exemption amount is unspecified in law”.  We deem petitioner to            
          have abandoned any such argument.  In any event, insofar as we              
          are able to discern from the petition, it would appear that in              
          making this assignment of error petitioner sought to associate              
          himself with the recurring tax-protester argument that sec.                 
          151(d) inadequately defines the exemption amount to permit a                
          taxpayer to be penalized for noncompliance.  Such an argument is            
          frivolous.  See, e.g., Pond v. Commissioner, T.C. Memo. 2005-255,           
          affd. 211 Fed. Appx. 749 (10th Cir. 2007).                                  






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