Charles E. Campbell - Page 8

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            ordered that jurisdiction is no longer retained by the Division                              
            and that petitioner's case be restored to the general docket.                                
            The case was set for trial at the trial session beginning on                                 
            September 15, 1997.                                                                          
                  On August 8, 1997, respondent filed a motion for summary                               
            judgment moving the Court that, based on matters deemed admitted                             
            by petitioner as set forth in respondent's requests for                                      
            admission, we find petitioner liable for the deficiencies and                                
            additions to tax as shown in the notice of deficiency.  In the                               
            event that the Court denies respondent's motion for summary                                  
            judgment, respondent also contemporaneously filed a motion for                               
            writ of habeas corpus and testificandum to secure petitioner's                               
            presence at the September 15, 1997, trial session.  On August 11,                            
            1997, the Court ordered a response from petitioner to                                        
            respondent's motion for summary judgment to be received on or                                
            before August 18, 1997.  Petitioner has not complied with the                                
            Court's order.  Petitioner has not filed any motion to withdraw                              
            the deemed admissions pursuant to Rule 90(f).                                                
                                              Discussion                                                 
                  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); Shiosaki v.                                   
            Commissioner, 61 T.C. 861, 862 (1974).  Summary judgment is                                  
            appropriate                                                                                  





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