Warren D. Ward - Page 7




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          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.”  Rule 121(a) and (b); Sundstrand              
          Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965           
          (7th Cir. 1994); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).           
          The moving party bears the burden of proving that there is no               
          genuine issue of material fact, and factual inferences will be              
          read in a manner most favorable to the party opposing summary               
          judgment.  Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985);              
          Jacklin v. Commissioner, 79 T.C. 340, 344 (1982).  Because we               
          find there is no genuine issue of material fact, summary judgment           
          is appropriate.                                                             
               Section 6331(a) authorizes the Secretary to levy upon                  
          property and property rights of a taxpayer liable for taxes who             
          fails to pay those taxes within 10 days after a notice and demand           
          for payment is made.  Section 6331(d) provides that the levy may            
          be made only if the Secretary has given written notice to the               
          taxpayer 30 days before the levy.  Section 6330(a) requires the             
          Secretary to send a written notice to the taxpayer of the amount            
          of the unpaid tax and of the taxpayer’s right to a section 6330             
          hearing at least 30 days before the levy is begun.                          
               If a section 6330 hearing is requested, the hearing is to be           
          conducted by the Office of Appeals, and the Appeals officer                 
          conducting it must verify that the requirements of any applicable           







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