Joseph C. Stepien - Page 4

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          respondent's answer in which petitioner denies that he is liable            
          for the additions to tax for fraud for any of the taxable years             
          in issue.                                                                   
          As indicated, respondent filed a motion seeking a partial                   
          summary adjudication that there is an underpayment in                       
          petitioner's income tax for the taxable year 1984 and that a                
          portion of such underpayment is attributable to fraud within the            
          meaning of section 6653(b).  Respondent contends that petitioner            
          is collaterally estopped from denying that he fraudulently                  
          attempted to evade Federal income tax for 1984 by virtue of his             
          conviction for tax evasion under section 7201 for that year.                
          Respondent's Motion for Partial Summary Judgment was                        
          calendared for hearing in Washington, D.C., at which time counsel           
          for respondent appeared and presented argument in support of the            
          motion.  No appearance was made by or on behalf of petitioner at            
          the hearing, nor did petitioner file a statement with the Court             
          pursuant to Rule 50(c).2  In effect, petitioner relies on the               
          denials set forth in his reply to the affirmative allegations of            
          respondent's answer.                                                        
          Discussion                                                                  
          Summary judgment is intended to expedite litigation and                     
          avoid unnecessary and expensive trials.  Florida Peach Corp. v.             


          2  Petitioner was reminded of the applicability of Rule                     
          50(c) in the Court's Notice of Hearing dated Oct. 12, 1995.                 




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