- 4 - some length petitioner’s argument that section 861 and regulations promulgated thereunder excluded his income from the definition of taxable income. After the pleadings were closed, petitioner on August 30, 2004, filed a motion for summary judgment. Respondent then filed an opposing motion for summary judgment on September 20, 2004, and a response to petitioner’s motion on September 23, 2004. On September 30, 2004, a supplement to respondent’s motion for summary judgment was filed, setting forth the adjusted computations for the 2000 deficiency and additions to tax engendered by respondent’s concession as to a portion of the income for that year. By order dated September 21, 2004, petitioner was directed to file any response to respondent’s motion on or before October 1, 2004. Petitioner filed a response largely reiterating the position expressed in his own motion. Discussion 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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