Barry L. Moore - Page 2




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          that petitioner received notices of deficiency for each of the              
          taxable years 1987 and 1989 through 1995 and, therefore, that               
          petitioner is precluded by statute from contesting his liability            
          for the underlying taxes for those years in this collection                 
          review proceeding.                                                          
              Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                
          Commissioner, 90 T.C. 678, 681 (1988).  Rule 121 states that                
          either party may move, with or without supporting affidavits, for           
          a summary adjudication in the moving party’s favor on all or any            
          part of the legal issues in controversy 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(a) and               
          (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).                                                                     
               Rule 121(d), which addresses the adverse party’s response to           
          a motion for summary judgment, states in pertinent part:                    
               When a motion for summary judgment is made and                         
               supported as provided in this Rule, an adverse party                   
               may not rest upon the mere allegations or denials of                   
               such party's pleading, but such party's response, by                   
               affidavits or as otherwise provided in this Rule, must                 
               set forth specific facts showing that there is a                       





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