- 15 - such a remedy cautiously and sparingly, and only after carefully ascertaining that the requirements for summary judgment have been met. P & X Mkts., Inc. v. Commissioner, supra at 443; Boyd Gaming Corp. v. Commissioner, supra at 346-347. Among the principles relevant to summary judgment are: (1) The moving party must show the absence of any material fact in dispute and that it is entitled to judgment as a matter of law; (2) the factual materials and resulting inferences must be viewed in the light most favorable to the opposing party; and (3) the opposing party must set forth specific facts to show a genuine issue of material fact for trial and cannot rest upon mere allegations or denials. Brotman v. Commissioner, 105 T.C. 141, 142 (1995). Collateral estoppel may apply in Federal tax cases, Commissioner v. Sunnen, 333 U.S. 591, 598 (1948), and summary judgment may be used to establish matters covered by collateral estoppel, Brotman v. Commissioner, supra at 142. If collateral estoppel applies, issues which were litigated and decided in an earlier case on one cause of action may not be relitigated by the parties or their privies on a different cause of action. Montana v. United States, 440 U.S. 147, 153 (1979); Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n.5 (1979); Commissioner v. Sunnen, supra at 597. Collateral estoppel conserves judicial resources and fosters reliance on judicial action by minimizing the possibility of inconsistent decisions. Montana v. United States,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011