- 8 -
to provide Hibiscus with advance, formal notice that respondent
had elected to treat petitioner as having separate filing
status.6
The parties' motions were called for hearing at the Court's
motions session in Washington, D.C. Counsel for both parties
appeared at the hearing and presented argument with respect to
the pending motions. Subsequent to the hearing, petitioner filed
a further written statement with the Court, to which respondent
filed a response.
Discussion
1. Period of Limitations
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);
6 Respondent cites INI, Inc. v. Commissioner, T.C. Memo.
1995-112, affd. without published opinion 107 F.3d 27 (11th Cir.
1997), as the cause for concern on this point.
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