- 4 - 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 isPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011