Gloria Pomerantz - Page 5

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          of her outstanding liabilities for 1995 and 1996 during the                 
          collection review process.                                                  
               After filing an answer to the petition, respondent filed a             
          Motion For Summary Judgment.  Petitioner filed an opposition to             
          respondent’s motion.  This matter was called for hearing at the             
          Court’s November 9, 2005 motions session held in Washington, D.C.           
          Counsel for both parties appeared at the hearing and offered                
          argument in respect of respondent’s motion.  Following the                  
          hearing, petitioner filed a supplement to her opposition.                   
                                     Discussion                                       
          Summary judgment is intended to expedite litigation and                     
          avoid unnecessary and expensive trials.  See Fla. Peach Corp. v.            
          Commissioner, 90 T.C. 678, 681 (1988).  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 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(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 will be read in a manner              
          most favorable to the party opposing summary judgment.  See                 
          Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v.              
          Commissioner, 79 T.C. 340, 344 (1982).                                      




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