Alec Jeffrey Megibow - Page 13

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                                       OPINION                                        
          I.  Preliminary Matters                                                     
               A.  Petitioner’s Motions for Partial Summary Judgment and To           
          Reopen the Record                                                           
               On brief, petitioner states that he reasserts and resubmits            
          his previous motions for partial summary judgment and to reopen             
          the record.  These requests were denied by means of the Court’s             
          August 4, 2003, order, and we decline to modify that disposition            
          for the reasons described briefly below.                                    
               Summary judgment is intended to expedite litigation and to             
          avoid unnecessary and expensive trials.  FPL Group, Inc. v.                 
          Commissioner, 116 T.C. 73, 74 (2001); Fla. Peach Corp. v.                   
          Commissioner, 90 T.C. 678, 681 (1988).  Rule 121(a) allows a                
          party to move “for a summary adjudication in the moving party’s             
          favor upon all or any part of the legal issues in controversy.”             
          Rule 121(b) directs that a decision on such a motion shall be               
          rendered “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.”                                               
               Petitioner’s motion for summary judgment asked for “an order           
          adjudicating that a taxpayer’s receipt of a W-2 form does not,              
          without more, preclude deductibility of legitimate business                 






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