Martin H. Tonn and Lorraine A. Tonn - Page 5




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          of $22,500 from Citizens State Bank to respondent was credited              
          against IEEI’s outstanding tax liabilities.                                 
          Discussion                                                                  
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  See Northern Ind. Pub.             
          Serv. Co. v. Commissioner, 101 T.C. 294, 295 (1993); Shiosaki v.            
          Commissioner, 61 T.C. 861, 862 (1974).  Rule 121(a) provides that           
          either party may move for a summary judgment upon all or any part           
          of the legal issues in controversy.  Full or partial 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.            
          See Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518,             
          520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  Respondent, as              
          the moving party, bears the burden of proving that no genuine               
          issue exists as to any material fact and that he is entitled to             
          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).             
               Once a motion for summary judgment is made and supported,              
          the nonmoving party must do more than merely allege or deny facts           
          in its pleadings; it must “set forth specific facts showing that            
          there is a genuine issue for trial.  If the adverse party does              
          not so respond, then a decision, if appropriate, may be entered             
          against such party.”  Rule 121(d); accord Celotex Corp. v.                  
          Catrett, 477 U.S. 317, 322 n.3 (1986); Sundstrand Corp. v.                  






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