- 2 - Petitioner Robert K. Lowry (petitioner) was a partner in a partnership that realized taxable income from cancellation of indebtedness.1 The issue for decision is whether the event causing the recognition of such income; i.e., the partnership's surrender of real property, occurred in 1993 or 1994. Petitioners resided in Santa Ana, California, at the time they filed their petition. Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. FPL Group, Inc. v. Commissioner, 116 T.C. 73 (2001); Shiosaki v. Commissioner, 61 T.C. 861, 862 (1974). Summary judgment may be granted with respect to all or any part of the legal issues in controversy if the pleadings and other materials 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); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). Both parties assert that the issue before us is ripe for summary adjudication and that there is no genuine issue as to any material fact. 1 Although petitioners Robert K. and Dawn E. Lowry filed joint tax returns for the years in issue, and respondent issued a joint notice of deficiency, the adjustment that is the subject of the pending motions relates solely to petitioner Robert K. Lowry's investment in a partnership.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011