- 6 -
was reversed.5 Respondent further contends that, because she
disallowed the NOL carrybacks that petitioner claimed for the
years in issue, petitioner is required to substantiate the NOL
reported in his 1987 tax return notwithstanding whether the
period of limitations for 1987 has expired. Assuming that
petitioner can substantiate the NOL for 1987, respondent would
agree that the NOL accrued no later than December 31, 1987.
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). 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);
Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The moving
party bears the burden of proving that there is no genuine issue
5 Respondent also contends that petitioner failed to
properly plead collateral estoppel. See Rule 39. To the
contrary, petitioner was granted leave to, and filed an amendment
to the petition on Dec. 20, 1996, which includes allegations in
support of petitioner's contention that the doctrine of
collateral estoppel is applicable in this case.
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