- 6 - 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); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986); 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); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). Because the issue is purely legal, this case is ripe for summary judgment. Timeworn discredited arguments that wages are not taxable income suffice, as an alternative to dismissal, to justify summary judgment for respondent. Coleman v. Commissioner, 791 F.2d 68 (7th Cir. 1986) (wages not income); Beard v. Commissioner, 82 T.C. 766, 772-774 (1984) (wages not income), affd. per curiam 793 F.2d 139 (6th Cir. 1986); Cornell v. Commissioner, T.C. Memo. 1983-370 (wages not income), see also Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984). There is no need for us to spend any time on the arguments in petitioner’s “Memorandum of Law”. Petitioner should read the foregoing cases, if she has not already done so. We therefore grant respondent’s motion for summary judgment, sustaining all of respondent’s determinations, and deny petitioner’s motion. We now raise sua sponte whether we should impose a penalty under section 6673(a) against petitioner on the ground that petitioner instituted or maintained the proceeding primarily forPage: Previous 1 2 3 4 5 6 7 8 Next
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