- 7 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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