- 2 - the course of a hearing conducted in this case, the parties made certain factual representations to the Court going beyond the matters alleged in the pleadings. Consistent with Rule 120(b),2 the Court advised the parties of its intention to treat respondent's motion as a Motion for Summary Judgment and directed the parties to file separate reports with the Court attaching thereto any exhibits, affidavits, or other documentation necessary to complete the record. See Rule 121(b) and (d). The parties having complied with the Court's order, respondent's Motion for Judgment on the Pleadings shall be treated herein as a Motion for Summary Judgment. See Francis v. Commissioner, T.C. Memo. 1988-30. The issue for decision is whether respondent is entitled to a summary judgment denying Lakewood Associates' claim to a loss for 1989 related to a "taking" of certain real property. Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Florida Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be 2 Rule 120(b) provides: (b) Matters Outside Pleadings: If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and shall be disposed of as provided in Rule 121, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 121.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011