Estate of Mary D. Maggos, Deceased, Catherine M. Adkins, Special Administrator - Page 6

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          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)).            





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