John R. Forrest - Page 2

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          section 6673(a)(1).1  Petitioner filed a response to respondent's           
          motion, and a hearing was held thereon.  Although petitioner's              
          response initially disputed whether respondent had correctly                
          computed interest and penalties for the years at issue,                     
          petitioner conceded at the hearing that the computations were               
          correct.                                                                    
               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 part of the legal issues in                  
          controversy "if the pleadings, answers to interrogatories, * * *            
          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).                                                                     



               1 Unless otherwise noted, all section references are to the            
          Internal Revenue Code of 1986, as amended, and all Rule                     
          references are to the Tax Court Rules of Practice and Procedure.            




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