Lionel D. Kolker - Page 2

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               Summary judgment is a procedure designed to expedite                   
          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 drawn in a manner most                 
          favorable to the party opposing summary judgment.  Dahlstrom v.             
          Commissioner, 85 T.C. 812, 821 (1985).                                      
                                     Background                                       
               This is an appeal from respondent’s determination upholding            
          the proposed use of a levy to collect petitioner’s unpaid Federal           
          income tax liability for 1993 (the 1993 liability).  When the               
          petition in this case was filed, petitioner resided in San Diego,           
          California.                                                                 









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