- 5 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011