M. K. and J. C. H. - Page 5




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         on September 1, 2000, resulting in our jurisdiction to                       
         redetermine the deficiencies determined in the notice.  See                  
         generally secs. 6211 through 6214.                                           
              At any time during this proceeding, petitioners could have              
         moved the bankruptcy court to reopen their bankruptcy proceeding             
         in order to adjudicate the proposed deficiency.  See sec.                    
         6871(c).  If petitioners’ bankruptcy proceeding was to be                    
         reopened, 11 U.S.C. sec. 505 (2000) would permit the bankruptcy              
         court to:                                                                    
              determine the amount or legality of any tax, any fine                   
              or penalty relating to a tax, or any addition to tax,                   
              whether or not previously assessed, whether or not                      
              paid, and whether or not contested before and                           
              adjudicated by a judicial or administrative tribunal of                 
              competent jurisdiction.                                                 
         Because petitioners did not seek to reopen their bankruptcy                  
         proceeding, we continue to have jurisdiction over the                        
         deficiencies respondent determined.                                          
         II.  Motion for Partial Summary Judgment                                     
              Summary judgment is an appropriate means by which to resolve            
         legal issues where the pleadings, admissions, and other                      
         materials, including affidavits, demonstrate that no genuine                 
         issue exists as to any material fact and 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).  Summary judgment is a procedure used to expedite                
         litigation, but it is not a substitute for trial where factual               





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