FMC Corporation and Subsidiaries - Page 15




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          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,           






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