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With the intent to evade taxes, petitioner fraudulently
claimed partnership losses from real estate, coal mining, movies,
and diamond mining ventures on each of his purported returns for
the years 1975 through 1981. Petitioner also fraudulently failed
to report on his Federal income tax return for 1976, and his
purported return for 1977, all or a substantial portion of the
income he received during those years from the sale of limited
partnership interests in the S-J partnerships. A part of the
underpayment of tax required to be shown on his tax returns for
each of the years 1975 through 1981 was due to fraud.
Summary judgment is intended to expedite litigation and
avoid unnecessary and expensive trials. Pope & Talbot, Inc., &
Subs. v. Commissioner, 104 T.C. 574, 575 (1995); 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);
O'Neal v. Commissioner, 102 T.C. 666, 674 (1994) (quoting Kroh v.
Commissioner, 98 T.C. 383, 389 (1992)).
The moving party bears the burden of proving that there is
no genuine issue of material fact, and factual inferences will be
made in a manner most favorable to the party opposing summary
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