- 5 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007