Dale I. Dirkes - Page 5




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          paragraph 2 of his reply to respondent’s answer, he is deemed to            
          have conceded that amount.  Thus, these wages are no longer in              
          issue.                                                                      
                                     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).                         
               As previously stated, the issues framed by the pleadings in            
          this case are: (1) Whether petitioner failed to report capital              
          gain of $60,628; (2) whether he failed to report wages of                   
          $37,323; (3) whether he is allowed an exemption of $1,862; (4)              
          whether he is allowed a standard deduction of $3,175; (5) whether           






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