Oren L. Benton - Page 8

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          I.  Summary Judgment                                                        
               Respondent moved for partial summary judgment with respect             
          to three issues in this case.  Summary judgment is intended to              
          expedite litigation and avoid unnecessary trials.  Fla. Peach               
          Corp. v. Commissioner, 90 T.C. 678, 681 (1988).  A motion for               
          partial summary judgment may be granted if there is no genuine              
          issue as to any material fact.  See Rule 121(b); Elec. Arts, Inc.           
          v. Commissioner, 118 T.C. 226, 238 (2002).  The moving party                
          bears the burden of showing that there is no genuine issue of               
          material fact, and factual inferences will be read in a manner              
          most favorable to the party opposing summary judgment.  Bond v.             
          Commissioner, 100 T.C. 32, 36 (1993); Dahlstrom v. Commissioner,            
          85 T.C. 812, 821 (1985).  A partial summary adjudication is                 
          appropriate if all issues in the case are not disposed of.  See             
          Rule 121(b); Turner Broad. Sys., Inc. & Subs. v. Commissioner,              
          111 T.C. 315, 323-324 (1998).  This case is ripe for partial                
          summary judgment with respect to the termination and net                    
          operating loss issues.  Genuine issues of material fact exist               
          however, with respect to the compensation issue.                            
          II.  The Controversy--Generally                                             
               Petitioner seeks to use NOLs that arose before and during              
          his bankruptcy proceeding.  Under section 1398(i), petitioner               
          would succeed to such tax attributes upon the “termination of an            

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