Jeffrey K. Ramsdell - Page 4

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          petition, petitioner contended that his liabilities for 1992 and             
          1993 were discharged in the bankruptcy proceedings.                          
               On July 25, 2003, respondent filed a Motion for Summary                 
          Judgment arguing that petitioner’s tax obligations for 1992 and              
          1993 were precluded from discharge under the Bankruptcy Code.                
                                      Discussion                                       
               Summary judgment is intended to expedite litigation and                 
          avoid unnecessary and expensive trials.  See, e.g., FPL Group,               
          Inc. v. Commissioner, 116 T.C. 73, 74 (2001).  A motion for                  
          summary judgment will be granted if the pleadings, answers to                
          interrogatories, depositions, admissions, and 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.  See Rule 121(b); Elec. Arts,            
          Inc. v. Commissioner, 118 T.C. 226, 238 (2002).  While the moving            
          party has the burden of proving that no genuine issue of material            
          fact exists and that it is entitled to judgment as a matter of               
          law, see, e.g., Rauenhorst v. Commissioner, 119 T.C. 157, 162                
          (2002), the opposing party must show specific facts exhibiting a             
          genuine issue for trial, see Celotex Corp. v. Catrett, 477 U.S.              
          317, 323-324 (1986).                                                         
               Where the validity of the underlying liability is not at                
          issue, the Court will review the administrative determination for            
          abuse of discretion.  See Sego v. Commissioner, 114 T.C. 604, 610            






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