- 7 - pursue collection alternatives or an offer in compromise. Respondent contends that petitioner’s March 4, 2002, letter was not received and petitioner did not make an offer in compromise or propose collection alternatives. “Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials.” Florida Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). A motion for summary judgment may be granted where there is no dispute as to a material fact and a decision may be rendered as a matter of law. See Rule 121(a) and (b).1 The moving party bears the burden of proving that there is no genuine issue of material fact, and factual inferences are viewed in a manner most favorable to the other party. See Craig v. Commissioner, 119 T.C. 252, 260 (2002) (citing Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985)). The party opposing summary judgment must set forth specific facts which show that a question of genuine material fact exists and may not rely merely on allegations or denials in his pleadings. 1Rule 121(b) provides: A decision shall thereafter be rendered 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. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011