- 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 discountPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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