P & X Markets, Inc. - Page 5

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          specify what the $850,000 payment was meant to compensate.                  
          Petitioner paid legal fees of $198,367 in connection with the               
          lawsuit.                                                                    
               Petitioner reported on its 1989 Form 1120 that only $83,608            
          of the $850,000 was taxable, and it deducted $19,494 of the legal           
          fees.  Respondent determined that petitioner’s gross income                 
          included the net proceeds of $651,633; i.e., $850,000 total                 
          proceeds minus $198,367 of legal fees.                                      
                                     Discussion                                       
               Summary adjudication is intended to expedite litigation and            
          avoid unnecessary and expensive trials of phantom factual issues.           
          A decision on the merits of a taxpayer's claim can be made by way           
          of summary adjudication "if the pleadings, answers to                       
          interrogatories, depositions, admissions, and any other                     
          acceptable materials, together with the affidavits, if any, show            
          there is no genuine issue as to any material fact and that a                
          decision may be rendered as a matter of law."  Rule 121(b).                 
          Because summary adjudication decides against a party before                 
          trial, we grant such a remedy cautiously and sparingly, and only            
          after carefully ascertaining that the moving party has met all              
          the requirements for summary adjudication.  Associated Press v.             
          United States, 326 U.S. 1, 6 (1945); Boyd Gaming Corp. v.                   
          Commissioner, 106 T.C.     (1996).                                          
               This case is ripe for summary adjudication.  The parties               
          agree on all material facts.  The parties’ sole disagreement is             




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