Henry Uscinski and Jacqueline Uscinski - Page 5

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          Uscinski filed a response to respondent’s motion, arguing only              
          that nothing in Rule 121 permits successive or repeated motions             
          for summary judgment.                                                       
                                     Discussion                                       
               The purpose of summary judgment is to expedite litigation              
          and avoid the expense of unnecessary trials.  Fla. Peach Corp. v.           
          Commissioner, 90 T.C. 678, 681 (1988).  A motion for summary                
          judgment may be granted where there is no dispute as to a                   
          material fact and a decision may be rendered as a matter of law.            
          See Rule 121.  The moving party bears the burden of proving that            
          there is no genuine issue of material fact, and factual                     
          inferences are viewed in a light most favorable to the nonmoving            
          party.  Craig v. Commissioner, 119 T.C. 252, 260 (2002);                    
          Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v.              
          Commissioner, 79 T.C. 340, 344 (1982).  The party opposing                  
          summary judgment must set forth specific facts which show that a            
          question of genuine material fact exists and may not rely merely            
          on allegations or denials in the pleadings.  See Grant Creek                
          Water Works, Ltd. v. Commissioner, 91 T.C. 322, 325 (1988);                 
          Casanova Co. v. Commissioner, 87 T.C. 214, 217 (1986).  On the              
          basis of respondent’s concessions, as noted above, the sole                 
          dispute is whether the distribution is subject to a 10-percent              
          additional tax.                                                             







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