- 3 - In its second amended petition, petitioner alleged that respondent erred in failing to allow additional fuel tax credits for vehicles which are not “highway use” vehicles in the following amounts: Year Credit 1988 $135,194 1989 136,840 1990 143,340 1991 202,096 1992 215,649 These amounts are in addition to the amounts claimed as credits on petitioner’s original Federal income tax returns for those years. Discussion I. Summary Judgment Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. See Northern Ind. Pub. Serv. Co. v. Commissioner, 101 T.C. 294, 295 (1993); Shiosaki v. Commissioner, 61 T.C. 861, 862 (1974). Rule 121(a) provides that either party may move for summary judgment upon all or any part of the legal issues in controversy. Full or partial summary judgment is appropriate where there is no genuine issue as to any material fact and a decision may be rendered as a matter of law. See Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). Respondent, as the moving party, bears the burden of proving that no genuine issue exists as to any material fact and that he is entitled toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011