Francisco and Angela Aguirre - Page 4




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                                     Discussion                                       
          A.   Contentions of the Parties                                             
               Respondent contends, inter alia, that petitioners waived               
          their right to challenge collection of their tax liability for              
          1992-94 because they signed Form 4549 consenting to the immediate           
          assessment and collection of their tax liability for those years.           
               In their petition, petitioners stated as a basis for relief            
          only that:                                                                  
               We disagree with the determination, because although we                
               were present at the time of the original audit, many of                
               our deductions were disallowed when they were correct.                 
               We have been requesting an audit reconsideration to                    
               present general ledegers [sic] and documents properly                  
               organized in order to verify our deductions in a                       
               cohesive manner.                                                       
          B.   Summary Judgment                                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                
          Commissioner, 90 T.C. 678, 681 (1988).  We may grant summary                
          judgment if the pleadings, answers to interrogatories,                      
          depositions, admissions, affidavits, and any other acceptable               
          materials show that there is no genuine issue of material fact              
          and a decision may be rendered as a matter of law.  Rule 121(b);            
          Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd.            
          17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753,           
          754 (1988).  The moving party bears the burden of proving that              
          there is no genuine issue of material fact.  Dahlstrom v.                   






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