- 5 - Court. In the petition, petitioner advances frivolous and meritless arguments. On March 29, 2004, respondent filed a motion for summary judgment and to impose a penalty under section 6673. On April 20, 2004, petitioner filed a lengthy opposition to respondent’s motion containing frivolous and meritless arguments. On May 18, 2004, petitioner filed an amended affidavit in support of his opposition to respondent’s motion for summary judgment containing frivolous and meritless arguments. Also on May 18, 2004, the Court heard oral argument on respondent’s motion. At the oral argument, petitioner lost his temper and became belligerent. Indeed, the Court repeatedly told petitioner to “calm down” and warned petitioner that he would be held in contempt of court if he had further outbursts. Petitioner refused to answer the Court’s questions. Petitioner was disruptive, noncooperative, and interrupted the Court and respondent throughout the entire proceeding. Discussion A. Motions for Summary Judgment Rule 121(a) provides that either party may move for summary judgment upon all or any part of the legal issues in controversy. Full or partial summary judgment may be granted only if it is demonstrated that no genuine issue exists as to any material fact, and a decision may be rendered as a matter of law. RulePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011