Keith D. Hilen - Page 6

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          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.                                                           





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