David A. Sturman and Celinda M. Sturman - Page 5

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               Summary adjudication is intended to expedite litigation and            
          avoid unnecessary and expensive trials of phantom factual issues.           
          Kroh v. Commissioner, 98 T.C. 383, 390 (1992); Shiosaki v.                  
          Commissioner, 61 T.C. 861, 862 (1974).  A decision on the merits            
          of a taxpayer's claim can be made by way of summary adjudication            
          "if the pleadings, answers to interrogatories, depositions,                 
          admissions, and any other acceptable materials, together with the           
          affidavits, if any, show there is no genuine issue as to any                
          material fact and that a decision may be rendered as a matter of            
          law."  Tax Court Rules of Practice and Procedure Rule 121(b).               
          Because summary adjudication decides an issue against a party               
          before trial, we grant such a remedy cautiously and sparingly,              
          and only after carefully ascertaining that the moving party has             
          met all the requirements for summary adjudication.  Associated              
          Press v. United States, 326 U.S. 1, 6 (1945); Espinoza v.                   
          Commissioner, 78 T.C. 412, 416 (1982).                                      
               The Court will not resolve disagreements over material                 
          factual issues through summary adjudication.  Espinoza v.                   
          Commissioner, supra at 416.  The burden of proving that there is            
          no genuine issue of material fact is on the moving party, and               
          factual inferences are viewed in the light most favorable to the            
          nonmoving party.  United States v. Diebold, Inc., 369 U.S. 654,             
          655 (1962); Kroh v. Commissioner, supra at 390.  A fact is                  
          material if it "tends to resolve any of the issues that have been           






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