- 3 - September 17, 1997. To date, we have not received an objection from petitioner. 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). It is appropriate if the pleadings and other acceptable materials show that there is no genuine issue as to any material fact and a decision may be rendered as a matter of law. Rule 121(b); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The moving party bears the burden of proving that summary judgment is warranted. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); Espinoza v. Commissioner, 78 T.C. 412, 416 (1982). In deciding a motion for summary judgment, the Court will construe factual inferences in a manner most favorable to the opposing party. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985). Based on the exhibits attached to the motion, the pleadings, and declarations, we find the following. 1. Petitioner filed a joint income tax return for the taxable year 1985, which was received by respondent’s Ogden, Utah, Service Center on August 28, 1986. The return was due to be filed on or before April 15, 1986. 2. Petitioner filed a joint income tax return for the taxable year 1986, which was received by respondent’s Ogden,Page: Previous 1 2 3 4 5 Next
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