Albert G. Cooper - Page 10

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               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.                                            





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