- 5 - The Court issued an order directing petitioners to file a response to respondent's Motion for Partial Summary Judgment and setting the motion for hearing at the Court's motions session in Washington, D.C. Petitioners did not file a response to respondent's motion. Shortly before the scheduled hearing, John L. Green filed an entry of appearance for petitioners. Counsel for respondent appeared at the hearing and offered argument in support of respondent's motion. No appearance was entered at the hearing by or on petitioners' behalf. Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. See Florida Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be granted with respect to all or any part of the legal issues in controversy "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." Rule 121(b). The party opposing the motion cannot rest upon the allegations or denials in the pleadings, but must "set forth specific facts showing that there is a genuine issue for trial." Rule 121(d). "The moving party, however, bears the burden of proving that there is no genuine issue of material fact, and factual inferences will be read in aPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011