- 11 - maintain that the piggyback agreements that they executed provide for entry of decision in their cases once there is a "final decision" in the test cases. Petitioners assert that they are entitled to entry of decision in their cases consistent with the decision entered in the Thompson case assigned docket No. 19321- 83 on the grounds that the latter decision is final and represents the most favorable of the decisions entered in the Thompson and Cravens cases. Respondent objects to petitioners' Motions for Summary Judgment on the ground that petitioners misinterpret the piggyback agreements. Specifically, respondent asserts that the piggyback agreements reflect the parties' agreement to be bound by the Court's opinion in the test cases as opposed to the decision entered in a particular test case. Discussion 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 upon all or any part of the legal issues in controversy is appropriate "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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011