Baine P. and Mildred C. Kerr - Page 20




                                       - 20 -                                         
          Discussion                                                                  
          Summary judgment is intended to expedite litigation and avoid               
          unnecessary and expensive trials. See Florida Peach Corp. v.                
          Commissioner, 90 T.C. 678, 681 (1988).  Summary judgment may be             
          granted with respect to all or any part of the legal issues in              
          controversy “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.”  Rule 121(b).  The party opposing the motion           
          cannot rest upon the allegations or denials in the pleadings but            
          must “set forth specific facts showing that there is a genuine              
          issue for trial.”  Rule 121(d).  The moving party, however, 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.  See Marshall v.          
          Commissioner, 85 T.C. 267, 271 (1985).                                      
          On the basis of the record presented, we are satisfied that                 
          there are no material facts in dispute with regard to the issues            
          raised in petitioners' motion for partial summary judgment.                 
               Section 2501 imposes a tax for each calendar year on the               
          transfer of property by gift by any individual.  Section 2512               
          provides that if a gift is made in property, “the value thereof at          
          the date of the gift shall be considered the amount of the gift.”           






Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011