- 6 - refund and determined petitioner had received additional capital gains of $6,941 and had a tax deficiency of $1,470 for 1999. On December 27, 2004, respondent filed a motion for partial summary judgment in respondent’s favor upon the issue of whether petitioner received gross income from the exercise of his nonstatutory stock options in 1999.2 On December 30, 2004, petitioner filed a cross-motion for summary judgment. Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). The Court may grant summary judgment when there are no genuine issues of material fact and a decision may be rendered as a matter of law. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988). We conclude that there are no genuine issues of material fact as to whether petitioner received gross income from the exercise of nonstatutory stock options in 1999 and that a decision may be rendered as a matter of law. 2 Petitioner has since conceded that he received $6,941 of capital gains in addition to the amount he had reported on his Federal tax return for 1999, which was the remaining issue not covered by respondent’s motion for partial summary judgment. Therefore, respondent’s motion shall be treated as a motion for summary judgment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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