John P. Trowbridge, Life Center Houston Business Trust, John P. Trowbridge, Trustee, and Life Choices Business Trust, John P. Trowbridge, Trustee - Page 16

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          II.  Respondent’s Motion for Partial Summary Judgment                       
               Respondent has moved for partial summary judgment in his               
          favor (the summary judgment motion) with respect to petitioners’            
          limitations defense, the existence and amount of the additional             
          1996 deficiency,11 and the additions to tax asserted against Dr.            
          Trowbridge.12  Summary judgment is a device used to expedite                
          litigation and is intended to avoid unnecessary and expensive               
          trials of “phantom factual questions.”  Espinoza v. Commissioner,           
          78 T.C. 412, 416 (1982).  Since there was a trial in this case,             
          at which respondent presented evidence pertaining to the issues             
          addressed in the summary judgment motion, we need not determine             
          whether summary adjudication is appropriate here.  We shall,                
          therefore, deny the summary judgment motion (although we largely            




               10(...continued)                                                       
          default is the ratification of respondent’s primary position that           
          Dr. Trowbridge, rather than Life Center and Life Choices, is                
          liable for any deficiencies in tax and additions to tax                     
          determined in the notice of deficiency.                                     
               11  In his amendment to answer, respondent alleges an                  
          additional 1996 deficiency of $244,935, based on gross business             
          receipts of $1,649,376 for that year.  In his posttrial brief,              
          respondent asserts that Dr. Trowbridge had gross business                   
          receipts of $1,632,423 in 1996, thus necessitating a Rule 155               
          computation with respect to the additional 1996 deficiency.                 
               12  Respondent moved in the alternative for partial summary            
          judgment against Life Center and Life Choices in the event we               
          deny his request for default judgment against Dr. Trowbridge.               
          Our disposition of the default motion renders that alternative              
          position moot.                                                              




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