Cheryl Ward - Page 5

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          failed to submit documentation to establish that she is                     
          permanently and totally disabled.                                           
               On August 31, 2005, petitioner filed with the Court a                  
          petition for lien or levy action.  The only error assigned in the           
          petition pertains to petitioner’s challenge of her underlying tax           
          liabilities.                                                                
               Respondent asks for summary judgment with respect to the               
          notice of determination in that petitioner’s failure to challenge           
          the existence or amount of the underlying tax liabilities for               
          1999 and 2000 during the collection due process hearing precludes           
          her from now challenging the underlying tax liabilities.                    
          Petitioner was ordered to file a response to respondent’s motion,           
          but no response has been received by the Court.                             
                                     Discussion                                       
               Rule 121(a) allows a party to move “for a summary                      
          adjudication in the moving party’s favor upon all or any part of            
          the legal issues in controversy.”  Rule 121(b) directs that a               
          decision on such a motion shall be rendered “if the pleadings,              
          answers to interrogatories, depositions, admissions, and any                
          other acceptable materials, together with the affidavits, if any,           
          show that there is no genuine issue as to any material fact and             
          that a decision may be rendered as a matter of law.”                        
               The moving party bears the burden of demonstrating that no             
          genuine issue of material fact exists and that he or she is                 






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