Robert & Polly A. Gatlos - Page 2

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          litigation and avoid unnecessary, time-consuming, and expensive             
          trials.  Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681                 
          (1988).  Summary judgment may be granted with respect to all or             
          any part of the legal issues presented “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.”  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).  The facts material to the           
          Court’s disposition of the motion for summary judgment are stated           
          solely for purposes of deciding the motion and are not findings             
          of fact for this case.  See Sundstrand Corp. v. Commissioner,               
          supra at 520.                                                               
                                     Background                                       
               This is an appeal from respondent’s determination upholding            
          the proposed use of a levy to collect petitioners’ unpaid Federal           
          income tax liabilities for 1996 and 1999.  When the petition in             








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