- 6 - and testament bequeathed the $3 million promissory note to Nikita Maggos. Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials of phantom factual issues. A decision on the merits of a taxpayer's claim can be made through summary judgment "if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, show 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). Because summary judgment decides against a party before trial, we grant such a remedy cautiously and sparingly, and only after carefully ascertaining that the moving party has met all requirements for summary adjudication. Associated Press v. United States, 326 U.S. 1, 6 (1945); P & X Mkts., Inc. v. Commissioner, 106 T.C. 441, 443 (1996); Boyd Gaming Corp. v. Commissioner, 106 T.C. 343, 346-347 (1996). The Court will not resolve disagreements over material factual issues in a summary judgment proceeding. A fact is material if it "'tends to resolve any of the issues that have been properly raised by the parties.'" Boyd Gaming Corp. v. Commissioner, supra at 347 (quoting 10A Wright et al., Federal Practice and Procedure: Civil, sec. 2725, at 93 (2d ed. 1983)).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011