Joseph S. King - Page 3

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            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,                              





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