John L. Boettner, Jr. - Page 7

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          affirmative allegations that (1) petitioner is liable for                   
          additions to tax for fraud under sections 6653(b)(1) and (2);               
          (2) petitioner is estopped, under the doctrine of collateral                
          estoppel, from denying that a portion of the underpayment in his            
          income tax is due to fraud within the meaning of section 6653(b);           
          and (3) petitioner is estopped from denying the existence of a              
          tax deficiency resulting from petitioner's admitted tax evasion             
          for the 1985 taxable year.                                                  
          Discussion                                                                  
               Rule 121(a) provides that either party may move for summary            
          judgment upon any or all parts of the legal issues in                       
          controversy.  Summary judgment is intended to expedite litigation           
          and avoid unnecessary and expensive trials.  Florida Peach Corp.            
          v. Commissioner, 90 T.C. 678, 681 (1988); McHan v. Commissioner,            
          T.C. Memo. 1997-139; London v. Commissioner, T.C. Memo. 1996-192.           
               Summary judgment is appropriate                                        
               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.                
               A partial summary adjudication may be made which does                  
               not dispose of all the issues in the case.                             
          Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520             
          (1992), affd. 17 F.3d 965 (7th Cir. 1994); Kroh v. Commissioner,            
          98 T.C. 383, 390 (1992); Fox v. Commissioner, T.C. Memo. 1996-79.           
          The burden of proof is on the moving party, Bertoli v.                      





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