- 8 - notes and contracts of sale in question, as well as any and all property or property interests that petitioner received in exchange for said items; (2) the dates that such items were exchanged; and (3) the identity of the party engaging in such like-kind exchange with petitioner. Petitioner failed to properly respond to the Court's Order dated September 7, 1995. In particular, on September 27, 1995, petitioner filed a Motion to Reconsider with respect to said order, which motion was denied on October 4, 1995. Despite the inadequacy of petitioner's Motion for Reconsideration, it is now evident that petitioner's primary theory in this case is that any amounts paid to him in the form of a bank or payroll check constitute corporate stock subject to section 83 and that an exchange of his labor for property (such as a payroll check) does not result in taxable income. On October 18, 1995, petitioner filed a Motion to Dismiss for Lack of Jurisdiction, which was frivolous. Petitioner's motion was denied October 19, 1995. Discussion Rule 121 provides that either party may move for summary adjudication upon all or any of the legal issues in dispute if the moving party can establish that there is no genuine issue as to any material fact, and a decision may be rendered as a matter of law. Thus, respondent's Motion for Summary Judgment is to bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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