Miriam-Majadillas Eiselstein - Page 2




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               Rule 121(a) provides that either party may move for summary            
          judgment upon all or any part of the legal issues in controversy.           
          Full or partial summary judgment may be granted only if it is               
          demonstrated that no genuine issue exists as to any material                
          fact, and a decision may be entered 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).                                  
               We conclude that there is no genuine issue as to any                   
          material fact and that a decision may be rendered as a matter of            
          law.                                                                        
          Background                                                                  
               Petitioner is a registered nurse.                                      
               On or about May 7, 1997, respondent received from petitioner           
          her Federal income tax return for 1996.  Petitioner listed her              
          income and tax liability as zero and requested a refund of                  
          $8,119.90--the amount of Federal income tax withheld by her                 
          employers.  Petitioner attached the following to her 1996 return:           
          (1) A two-page statement containing frivolous arguments, (2) a              
          Form W-2, Wage and Tax Statement, from Valley Medical Center                
          listing $58,973.92 in wages paid to her, and (3) a Form W-2 from            
          St. Joseph Medical Center listing $3,757 in wages paid to her.              
               On or about May 4, 1998, respondent received from petitioner           
          her Federal income tax return for 1997.  Petitioner listed her              
          income and tax liability as zero and requested a refund of                  






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