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judgment as a matter of law. See Bond v. Commissioner, 100 T.C.
32, 36 (1993); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).
In deciding whether to grant summary judgment, the factual
materials and the inferences drawn from them must be considered
in the light most favorable to the nonmoving party. See Bond v.
Commissioner, supra at 36; Naftel v. Commissioner, supra at 529.
In the instant case, there is no genuine issue as to any of the
material facts that we have set forth in the background section
of this opinion.
II. Sections 6427 and 34
Respondent argues that petitioner is making a second claim
under section 6427 and that the so-called “one claim” rule
contained in section 6427(i)(1) acts as a bar to petitioner’s
claim for credit. Petitioner argues that its claim for credit is
being made under section 34 and that the “one claim” rule in
section 6427(i)(1) has no application.
A. Section 6427
Section 6427 provides a mechanism whereby a purchaser of
fuel can obtain payment from the Secretary of taxes previously
imposed on fuel which was not used for taxable purposes by the
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