Billy Hyler and Bonita M. Hyler - Page 5

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          motion.  There was no appearance by or on behalf of petitioners             
          at the hearing, nor did petitioners file with the Court a written           
          statement pursuant to Rule 50(c).                                           
                                     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); 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           
          most favorable to the party opposing summary judgment.  See                 
          Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v.              
          Commissioner, 79 T.C. 340, 344 (1982).                                      
               The record reflects that there is no dispute as to any                 
          material fact and that summary judgment may be rendered in                  
          respondent’s favor as a matter of law.                                      






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