Dennis M. Mudd - Page 2




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          Because respondent has presented matters outside of the                     
          pleadings, we treat respondent’s motion as a motion for summary             
          judgment pursuant to Rule 121.  See Rule 40.  Respondent contends           
          that there is no dispute as to any material fact with respect to            
          this levy action, and that respondent’s determination to proceed            
          with collection of petitioner’s outstanding tax liabilities for             
          1992 to 1997 and 1999 should be sustained as a matter of law.               
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. 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(a) and (b); Sundstrand              
          Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965           
          (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988);           
          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           



               1(...continued)                                                        
          Revenue Code, as amended, and Rule references are to the Tax                
          Court Rules of Practice and Procedure.                                      





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