- 4 - further consideration of an offer in compromise or, alternatively, to transfer this case to the appropriate Federal District Court. On July 8, 2002, respondent filed with the Court a Motion to Dismiss for Lack of Jurisdiction and to Strike as to Trust Fund Recovery Penalty Liabilities on the basis that the Court did not have jurisdiction under section 6330(d) to decide respondent’s determination as to those liabilities. On September 26, 2002, we granted the motion. On July 11, 2003, respondent moved for summary adjudication as to the remaining issues. On August 20, 2003, petitioner filed with the Court a reply to that motion. Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be granted with respect to all or any part of the legal issues in controversy “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(a) and (b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). The moving party bears the burden of provingPage: Previous 1 2 3 4 5 6 7 8 Next
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