- 2 - 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 where there is no genuine issue of material fact and decision may be rendered as a matter of law. Rule 121(a) and (b); see Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988). The moving party bears the burden of proving there is no genuine issue of material fact; factual inferences will be made most favorably to the party opposing summary judgment. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). When, however, a motion for summary judgment is made and properly supported, the party opposing summary judgment may not rely on mere allegations or on denials of the movant's pleadings but must set forth specific facts in dispute and show that there is a genuine issue for trial. Rule 121(d). As discussed below, we conclude that no material fact is in dispute and that respondent is entitled to summary judgment as a matter of law. Accordingly, we shall grant respondent’s motion. Background For each of her taxable years 1995, 1996, and 1997, petitioner timely filed a Federal income tax return claiming head-of-household filing status, dependency deductions underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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