Textron Inc. and Subsidiary Companies - Page 10




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               Respondent argues alternatively that the voting trust was              
          both a grantor trust under subpart E and a U.S. shareholder under           
          subpart F.  Respondent asserts that Textron is the voting trust’s           
          grantor and, in accordance with subpart E, must include in its              
          income any Avdel subpart F income realized by the trust.                    
          Petitioner replies that subpart E was not intended to be applied            
          in the manner suggested by respondent.                                      
               A. Summary Judgment                                                    
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials of phantom factual issues.           
          P & X Mkts., Inc. v. Commissioner, 106 T.C. 441, 443 (1996),                
          affd. without published opinion 139 F.3d 907 (9th Cir. 1998).               
          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.  Rule 121(b); P & X Mkts., Inc. v. Commissioner,             
          supra at 443.  In deciding whether to grant summary judgment, the           
          Court must consider the factual materials and inferences drawn              
          from them in the light most favorable to the nonmoving party.               
          Bond v. Commissioner, 100 T.C. 32, 36 (1993); Naftel v.                     
          Commissioner, 85 T.C. 527, 529 (1985).                                      
               The parties agree that for the purpose of deciding these               
          cross-motions there are no genuine issues of material fact and              
          that the Court may decide the issue as a matter of law.  This               








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