U.S. Bancorp, Successor In Interest to West One Bancorp and Subsidiaries, formerly known as Moore Financial Group, Inc. - Page 8

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          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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