- 2 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011