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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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