Linda L. Pool - Page 7

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          by the Court that her arguments were frivolous and groundless and           
          the Court could impose a penalty pursuant to section 6673.                  
          Petitioner, however, disregarded these warnings and continued to            
          advance frivolous and groundless arguments.                                 
                                     Discussion                                       
          I.  Motion for Summary Judgment                                             
               Rule 121(a) provides that either party may move for summary            
          judgment upon all or any part of the legal issues in controversy.           
          Full or partial summary judgment may be granted only if it is               
          demonstrated that no genuine issue exists as to any 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 is no genuine issue as to any                   
          material fact and that a decision may be rendered as a matter of            
          law.                                                                        
          II.  Determination To Proceed With Collection                               
               Section 6330(a) provides that the Secretary shall furnish              
          taxpayers with written notice of their right to a hearing before            
          any property is levied upon.  Section 6330 further provides that            
          the taxpayer may request administrative review of the matter (in            
          the form of a hearing) within a prescribed 30-day period.  Sec.             
          6330(a) and (b).                                                            







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