- 4 - respondent's answer in which petitioner denies that he is liable for the additions to tax for fraud for any of the taxable years in issue. As indicated, respondent filed a motion seeking a partial summary adjudication that there is an underpayment in petitioner's income tax for the taxable year 1984 and that a portion of such underpayment is attributable to fraud within the meaning of section 6653(b). Respondent contends that petitioner is collaterally estopped from denying that he fraudulently attempted to evade Federal income tax for 1984 by virtue of his conviction for tax evasion under section 7201 for that year. Respondent's Motion for Partial Summary Judgment was calendared for hearing in Washington, D.C., at which time counsel for respondent appeared and presented argument in support of the motion. No appearance was made by or on behalf of petitioner at the hearing, nor did petitioner file a statement with the Court pursuant to Rule 50(c).2 In effect, petitioner relies on the denials set forth in his reply to the affirmative allegations of respondent's answer. Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Florida Peach Corp. v. 2 Petitioner was reminded of the applicability of Rule 50(c) in the Court's Notice of Hearing dated Oct. 12, 1995.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011