Galen J. Smith - Page 7

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          Respondent argues that by continuing this case and eventually               
          joining the two taxpayers, we shall be able to make a                       
          determination in one proceeding as to who should bear the tax               
          burden resulting from the subject distributions.  We shall grant            
          respondent's motion for continuance of trial.                               
          B.  Motion For Partial Summary Judgment                                     
               1.  Standard of review                                                 
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials of phantom factual issues.           
          Kroh v. Commissioner, 98 T.C. 383, 390 (1992);  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).  Because summary judgment decides an issue against a            
          party before trial, we grant such a remedy sparingly, and only              
          after carefully ascertaining that the moving party has met all of           
          the requirements entitling him to summary judgment.  Associated             
          Press v. United States, 326 U.S. 1, 6 (1945); Espinoza v.                   
          Commissioner, 78 T.C. 412, 416 (1982).                                      




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