Johnny Owings Milam, Jr. and Brenda Ramsey Milam - Page 2

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          should be sustained as a matter of law.  For the reasons                    
          discussed below, we shall grant respondent’s motion.2                       
               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 support of this motion for summary judgment, respondent             
          submitted exhibits, an affidavit, and certified Forms 4340,                 
          Certificate of Assessments, Payments, and Other Specified                   
          Matters, for petitioners’ taxable years 1996 and 1997.                      


               2 Subsequent to a hearing, petitioners submitted their own             
          motion for summary judgment advancing arguments similar to those            
          we consider herein.  We shall deny petitioners’ motion.                     




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