FMC Corporation and Subsidiaries - Page 14




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          issues presented in petitioner’s prior case against Goldman.                
          Second, petitioner argues, the issue of whether it suffered a               
          theft loss on account of the insider trading of Boesky and his              
          co-conspirators (collectively, Boesky) was not actually litigated           
          in the prior case because, petitioner contends, the issue was not           
          necessary to a holding there.                                               
               Summary judgment is intended to expedite litigation and to             
          avoid unnecessary and expensive trials of phantom factual issues.           
          P & X Mkts., Inc. v. Commissioner, 106 T.C. 441, 443 (1996),                
          affd. without published opinion 139 F.3d 907 (9th Cir. 1998);               
          Boyd Gaming Corp. v. Commissioner, 106 T.C. 343, 347 (1996).                
          The concept of summary judgment is specifically recognized by               
          this Court and is deeply ingrained in our procedural rules.                 
          See Rule 121(a) (“Either party may move, with or without                    
          supporting affidavits, for a summary adjudication in the moving             
          party’s favor upon all or any part of the legal issues in                   
          controversy”).  A decision on the merits of a taxpayer's claim              
          can be made through summary judgment "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); see             
          also Zaentz v. Commissioner, 90 T.C. 753, 754 (1988).  Because              
          summary judgment decides against a party before trial, we grant             






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