- 14 - 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 grantPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011