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result in petitioner’s not being subject to the alternative
minimum tax.
We agree with respondent.
2. Summary Judgment
Summary judgment is a device used to expedite litigation; it
is intended to avoid unnecessary and expensive trials. However,
it is not a substitute for trial; it should not be used to
resolve genuine disputes over material factual issues. Cox v.
American Fidelity & Casualty Co., 249 F.2d 616, 618 (9th Cir.
l957); Vallone v. Commissioner, 88 T.C. 794, 801 (1987). A
decision will be rendered on a motion for summary judgment if the
pleadings, answers to interrogatories, depositions, admissions,
and other acceptable materials, together with the affidavits, if
any, show that there is not any genuine issue as to any material
fact and that a decision may be rendered as a matter of law.
Rule 121(b).
Because the effect of granting a motion for summary judgment
is to decide the case against a party without allowing that party
an opportunity for a trial, the motion should be “cautiously
invoked” and granted only after a careful consideration of the
case. Associated Press v. United States, 326 U.S. 1, 6 (1945);
Cox v. American Fidelity & Casualty Co., 249 F.2d at 618; Kroh v.
Commissioner, 98 T.C. 383, 390 (1992).
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