- 7 - petitioner had continued to fail to produce all the information needed to determine if petitioner is entitled to an OIC. In response, petitioner stated that he had “one more document to present”. When queried by the Court as to what that might be, he replied: “It’s my latest offer and compromise.” Petitioner also argued that he is disputing the underlying tax because he disagrees with, apparently, the assessed accuracy-related penalty. The Court denied petitioner’s motion for remand, took respondent’s motion under advisement, and allowed petitioner 30 days in which to submit a response to respondent’s motion that would show the Court that there is a material issue for trial. Discussion Respondent reasons that because the only issue that petitioner raised at the hearing under sections 6320 and 6330 was with respect to an alternative collection method, an OIC, the requirements for which were never fulfilled, respondent is entitled to a ruling in his favor as a matter of law. Petitioner’s argument now appears to be focused on disputing the underlying tax liability. Summary Judgment The standard for granting a motion for summary judgment under Rule 121 is stated in paragraph (b) of the Rule as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011