Robert Eugene Poindexter - Page 3

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          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 other                








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