John G. Goettee, Jr., and Marian Goettee - Page 7

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               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 the                    




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