Albert G. Cooper - Page 7

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          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.  * * *                    





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