- 8 -
at 520; Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). In
deciding whether to grant summary judgment, the Court must
consider the factual materials and inferences drawn from them in
the light most favorable to the nonmoving party. Bond v.
Commissioner, 100 T.C. 32, 36 (1993); Naftel v. Commissioner, 85
T.C. 527, 529 (1985). If the conditions of summary judgment are
otherwise satisfied with respect to a single issue or fewer than
all the issues in a case, then partial summary judgment may be
granted, even though all the issues in the case are not disposed
of. Rule 121(b); Naftel v. Commissioner, supra. However,
summary judgment is not a "short cut" to avoid trial or a
substitute for trial. Perma Research & Dev. Co. v. Singer Co.,
410 F.2d 572 (2d Cir. 1969). As stated in Cox v. American
Fidelity & Cas. Co., 249 F.2d 616, 618 (9th Cir. 1957), "When
confronted with a motion for summary judgment, the trial judge
must determine if there are any material factual issues that
should be resolved before the trier of fact. It is not the trial
judge's function * * * to resolve those issues or to weigh
evidence." Finally, summary judgment should be used sparingly
and with caution. Bayou Bottling, Inc. v. Dr. Pepper Co., 543 F.
Supp. 1255 (W.D. La. 1982), affd. 725 F.2d 300 (5th Cir. 1984).
II. The Legal Background and The Parties' Arguments
The parties agree that the controlling statutory provisions
are sections 1281 and 1283, which require the accrual of discount
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