- 5 - 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) whetherPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011