- 10 - We view these facts in the light most favorable to petitioner as the nonmoving party. See Naftel v. Commissioner, 85 T.C. 527, 529 (1985). Upon review of the facts and allegations contained in the parties’ moving papers, we conclude that petitioner has alleged specific facts which indicate that a factual controversy exists. Our examination of the correspondence between petitioner and respondent leads us to conclude that the parties contemplated further negotiations toward an offer in compromise and that the March 4, 2002, letter, even though it may not have been received by respondent, was sent to achieve that purpose. Accordingly, we hold that respondent has not proved that there is no genuine issue of material fact and that a decision may be rendered as a matter of law on the issue before us in the instant motion.2 See id. Accordingly, respondent’s motion for summary judgment will be denied. On the basis of the foregoing, An appropriate order will be issued. 2Respondent contends that petitioner conceded all issues relating to the 1991 taxable year, pursuant to Rule 34(b)(4). Having denied respondent’s motion for summary judgment, we note that petitioner may move to amend the petition to include the 1991 taxable year. See Rule 41.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011