Richard Hamzik - Page 3

                                         -3-                                          
          not authorized to prepare a substitute return under section 6020;           
          that petitioner at a section 6330 hearing may compel the                    
          production of documents from respondent; and that Appeals at his            
          section 6330 hearing improperly relied upon Form 4340,                      
          Certificate of Assessments, Payments and Other Specific Matters.            
               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 with respect to all or any part of the legal issues in              
          controversy “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); Sundstrand              
          Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965           
          (7th Cir. 1994).                                                            
               The moving party bears the burden of proving that there is             
          no genuine issue of material fact, and factual inferences are               
          drawn 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).  In responding            
          to a motion for summary judgment, a nonmoving party such as                 
          petitioner must do more than merely allege or deny facts.  The              
          nonmoving party must “set forth [in his response] specific facts            






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011