Florida Country Clubs, Inc. - Page 6

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          of law, to recover administrative costs because respondent never            
          took a “position” in the proceedings.                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                
          Commissioner, 90 T.C. 678, 681 (1988).  Summary judgment may be             
          granted where there is no genuine issue of any material fact and            
          a decision may be rendered as a matter of law.  Rule 121(a) and             
          (b); see Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520                 
          (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v.                        
          Commissioner, 90 T.C. 753, 754 (1988).  The moving party bears              
          the burden of proving 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.  Dahlstrom v.             
          Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner,             
          79 T.C. 340, 344 (1982).  When a motion for summary judgment is             
          made and properly supported, the adverse party may not rest upon            
          mere allegations or denials of the pleadings but must set forth             
          specific facts showing that there is a genuine issue for trial.             
          Rule 121(d).  We conclude that there is no genuine issue of                 
          material fact precluding us from resolving the question raised in           
          respondent's motion.4                                                       



               4 No hearing was requested, and none is required.  Rule                
          232(a).  We therefore dispose of the petition without a hearing             
          or further written submissions.                                             





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