Shlomo Limor - Page 5




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               The moving party has the burden of “showing” the absence of            
          a genuine issue as to any material fact.  See Espinoza v.                   
          Commissioner, 78 T.C. 412, 416 (1982) (and cases cited therein).            
               The evidence of the nonmovant is to be believed, and all               
          justifiable inferences are to be drawn in his favor.  Adickes v.            
          S.H. Kress & Co., 398 U.S. 144, 158-159 (1970).  There is,                  
          however, no issue for trial unless there is sufficient evidence             
          favoring the nonmoving party for the finder of fact to find in              
          favor of the nonmoving party.  First Natl. Bank of Ariz. v.                 
          Cities Serv. Co., 391 U.S. 253, 288-289 (1968).  The nonmovant’s            
          evidence must be more than merely colorable.  Dombrowski v.                 
          Eastland, 387 U.S. 82, 84 (1967) (per curiam).  If the                      
          nonmovant’s evidence is not significantly probative, summary                
          judgment may be granted.  First Natl. Bank of Ariz. v. Cities               
          Serv. Co., supra at 290.  Rule 121(d) provides that when a                  
          properly supported motion for summary judgment is made, the                 
          adverse party “must set forth specific facts showing that there             
          is a genuine issue for trial.”                                              
          Procedure Under Section 6330                                                
               Section 6330 entitles a taxpayer to notice of his right to             
          request a hearing with the IRS Office of Appeals after notice of            
          the Commissioner’s intent to levy on his property and rights to             
          property in furtherance of the collection of unpaid Federal                 
          taxes.  The taxpayer requesting the hearing may raise any                   
          relevant issue with regard to the Commissioner’s intended                   





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