- 8 - As indicated, respondent filed a Motion for Summary Judgment. Respondent contends that petitioner's dilatory conduct in this litigation, considered in conjunction with the matters that petitioner is deemed to have admitted pursuant to Rules 37(c) and 90(c), justifies entry of summary judgment in respondent's favor. Petitioner filed an opposition to respondent's motion, blaming Mr. Peabody for failing to respond to respondent's Second Request for Admissions and Amendment to Answer. Petitioner further asserts that respondent's motion should be denied insofar as petitioner intends to show that she is entitled to deductions for real estate taxes and other miscellaneous expenses incurred during the years in issue. This matter was called for hearing at the Court's motions session in Washington, D.C. Counsel for respondent appeared at the hearing and offered argument in support of respondent's motion. Although petitioner did not attend the hearing, she did file a written statement with the Court pursuant to Rule 50(c). 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011