James G. Gilligan - Page 5

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          Court.  In the petition, petitioner advances frivolous and                  
          meritless arguments.                                                        
               On March 29, 2004, respondent filed a motion for summary               
          judgment and to impose a penalty under section 6673.  On April              
          20, 2004, petitioner filed a lengthy opposition to respondent’s             
          motion containing frivolous and meritless arguments.  On May 18,            
          2004, petitioner filed an amended affidavit in support of his               
          opposition to respondent’s motion for summary judgment containing           
          frivolous and meritless arguments.  Also on May 18, 2004, the               
          Court heard oral argument on respondent’s motion.                           
               At the oral argument, petitioner lost his temper and became            
          belligerent.  Indeed, the Court repeatedly told petitioner to               
          “calm down” and warned petitioner that he would be held in                  
          contempt of court if he had further outbursts.  Petitioner                  
          refused to answer the Court’s questions.  Petitioner was                    
          disruptive, noncooperative, and interrupted the Court and                   
          respondent throughout the entire proceeding.                                
          Discussion                                                                  
               A.   Motions for Summary Judgment                                      
               Rule 121(a) provides that either party may move for summary            
          judgment upon all or any part of the legal issues in controversy.           
          Full or partial summary judgment may be granted only if it is               
          demonstrated that no genuine issue exists as to any material                
          fact, and a decision may be rendered as a matter of law.  Rule              






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