- 7 - Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. 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); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The moving party bears the burden of proving that there is no genuine issue of material fact, and factual inferences will be read in a manner most favorable to the party opposing summary judgment. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). Petitioners' requests for abatement of interest are based upon section 6404(e)(1) which provides authority for the Commissioner to abate the assessment of interest and deficiency attributable to errors and delays by an officer or employee of the Internal Revenue Service in performing a ministerial act.4 4 Although not at issue here, we observe that sec. 6404(d) and (e)(2) also provides authority for the Commissioner to abate assessments of interest. Sec. 6404(d) applies where thePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011