- 17 - of the issues in the case.” Id. Summary judgment is a device used to expedite litigation and is intended to avoid unnecessary and expensive trials of phantom factual questions. See, e.g., Espinoza v. Commissioner, 78 T.C. 412, 415-416 (1982). It is not, however, a substitute for a trial in that disputes over factual issues are not to be resolved in such proceedings. See id. The party moving for summary judgment has the burden of showing the absence of a genuine issue as to any material fact. See id. D. Summary of the Arguments of the Parties 1. Petitioner’s Arguments With respect to the requirement of the supply or service transition rule that property be “readily identifiable” with a written supply or service contract, petitioner cites dictionary definitions of the terms "readily", "identifiable", and "identify" to support its argument that "for property to be ‘readily identifiable’ with a contract simply means that one could, with a fair degree of ease, link such property to the contract". Petitioner states that such "linkage is established by Mr. Bjorklund, who has testified that MetroVision of Livonia placed in service the subject property solely in order to provide cable television service within the City of Livonia, pursuant to its obligations under the Livonia Franchise Agreement."Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011