- 3 - following grounds: (1) Since petitioner reported the unpaid taxes on returns he made, the Appeals officer properly refused to consider the accuracy of the assessments; (2) even if the Appeals officer erred in refusing to consider the accuracy of the assessments, petitioner has failed to aver facts sufficient to show error in the assessments; and (3) petitioner has failed to aver facts showing any other error in the determination. 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 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(b). We are satisfied that there is no genuine issue as to any material fact and that a decision may be rendered as a matter of law. For the reasons that follow, we shall grant the motion on the basis of respondent’s second and third grounds and enter an appropriate order and decision in respondent’s favor. Background The following facts are gathered from the pleadings, the parties’ trial memoranda, the motion and declaration of Peggy Gartenbaum, one of respondent’s counsel, submitted in support of the motion, petitioner’s opposition to the motion, and otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011