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$352,466.93. After a hearing on the motion, the Bankruptcy Court
ruled in its Memorandum Opinion filed October 1, 1997:
The Motion is granted in part and denied in part.
The Withdrawn Claim will be reinstated as to the
corporate income taxes of LGA in its original amount of
$5,000.00. The IRS will not be allowed to amend the
claim to reflect the increase which it seeks, nor will
the IRS be allowed to file a completely new claim out
of time for either the 1993 or 1994 income taxes of
LGA.
Discussion
Summary judgment is appropriate “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);
Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd.
17 F.3d 965 (7th Cir. 1994); Naftel v. Commissioner, 85 T.C. 527,
529 (1985). Summary judgment is intended to expedite litigation
and avoid unnecessary and expensive trials. See Fla. Peach Corp.
v. Commissioner, 90 T.C. 678, 681 (1988); Espinoza v.
Commissioner, 78 T.C. 412, 415-416 (1982). The moving party
bears the burden of proving that there is no genuine issue of
material fact, and factual inferences will be made in a manner
most favorable to the party opposing summary judgment. See
Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985).
Petitioner’s Contentions:
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