- 24 - VI. Holdings For all the reasons set forth above, we reject respondent's arguments, apply stare decisis, follow Security Bank Minn. v. Commissioner, supra, and Security State Bank v. Commissioner, supra, and hold that section 1281(a) does not apply to IFNB's short-term consumer, commercial, and agricultural loans made to its customers. However, we hold that genuine issues of material fact exist--which issues must be resolved by a trial or obviated by agreement of the parties--before the proper tax treatment of 20(...continued) exist--and has declined to grant summary judgment for either party--where cross-motions have been made. See Estate of Wilbanks v. Commissioner, 94 T.C. 306, 315-316 (1990); Krause v. Commissioner, 92 T.C. 1003, 1026-27 (1989); Take v. Commissioner, supra; Burford v. Commissioner, T.C. Memo. 1984-466. The same approach has been used by courts deciding cross- motions for summary judgment under the analogous Federal rule, Fed. R. Civ. P. 56. As has been stated by one of the leading treatises on Federal civil procedure: When litigants concurrently pursue summary judgment, the first impression of the uninitiated is often that at least one party inevitably will be victorious and obtain summary judgment. However, this seemingly intuitive impression is incorrect. * * * Each individual summary judgment motion must be evaluated independently to determine whether there exists a genuine dispute of material fact and whether movant is entitled to judgment as a matter of law. [11 Moore's Federal Practice sec. 56.10[6] (3d ed. 1998) at 56-57; fn. ref. omitted.] See also 10A Wright et al., Federal Practice & Procedure: Civil sec. 2720 (3d ed. 1998), and the cases cited therein.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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