Oren L. Benton - Page 8

                                        - 8 -                                         
         and the calendar year 1996, attempting to use NOLs initially                 
         reported on his 1997 return.  During October 2001, petitioner                
         filed amended returns containing increased claims for NOLs of $59            
         million.                                                                     
              In his petition in this case, petitioner alleged that he is             
         entitled to $136 million in NOLs and $440 million in capital                 
         losses from years before and after the commencement of the                   
         bankruptcy proceeding.                                                       
                                     Discussion                                       
         I.  Summary Judgment                                                         
              Petitioner moved for summary judgment with respect to the               
         availability of certain NOLs from the Benton estate to be applied            
         in computing his 1995, 1996, and 1997 tax liabilities.  Summary              
         judgment is intended to expedite litigation and avoid unnecessary            
         trials.  Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681                  
         (1988).  A motion for summary judgment may be granted if there is            
         no genuine issue as to any material fact and a decision may be               
         rendered as a matter of law.  See Rule 121(b); Elec. Arts, Inc.              
         v. Commissioner, 118 T.C. 226, 238 (2002).  The moving party                 
         bears the burden of showing 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.  Bond v.              
         Commissioner, 100 T.C. 32, 36 (1993); Dahlstrom v. Commissioner,             
         85 T.C. 812, 821 (1985).  A partial summary adjudication is                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011