Newhouse Broadcasting Corp. and Subsidiaries, et al. - Page 17




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            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."                                    








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