- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011