- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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