Rusty K. London, f.k.a. Irving London - Page 3

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               The notice of deficiency also determined that petitioner was           
          not entitled to income averaging for the taxable years 1981 and             
          1982 because he was unable to substantiate the base period                  
          years.2  An amendment to petition was filed wherein petitioner              
          claimed entitlement to income averaging for the taxable years               
          1980 and 1981.3                                                             
               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             
          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); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).               
               Given that the parties have filed cross-motions for partial            
          summary judgment, it is apparent that each of them believes that            
          the issue before us is ripe for summary adjudication and that               
          there is no genuine issue as to any material fact.                          




          2  No taxable income was reported on the 1980 return; thus,                 
          income averaging was not utilized.                                          
          3  The respective motions filed by the parties do not                       
          discuss the issue of income averaging for the taxable year 1982;            
          accordingly, the Court assumes that the parties have resolved               
          that question.                                                              




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