Steven A. and Patricia A. Knish - Page 5

                                         -5-                                          
          Deficiency Notice and Tax Court Proceedings                                 
               Respondent issued petitioners a deficiency notice for tax              
          years 1996 through 2001.  Respondent determined in the deficiency           
          notice that the ordinary losses petitioners claimed in 2000 and             
          2001 from Mr. Knish’s and SPK’s securities trading activity were            
          capital losses.  Respondent determined that the losses were                 
          capital losses because petitioners and SPK had not made effective           
          mark-to-market elections under section 475(f).  Respondent                  
          determined alternatively that the losses were capital losses even           
          if petitioners and SPK made effective mark-to-market elections              
          because the securities trading activity was not a trade or                  
          business activity.  Petitioners filed a timely petition.                    
               The parties filed cross-motions for partial summary judgment           
          on whether petitioners and SPK made effective mark-to-market                
          elections for the securities trading activity under section                 
          475(f).                                                                     
                                     Discussion                                       
          Summary Judgment Standard                                                   
               We are asked to decide whether it is appropriate to grant              
          partial summary judgment.  Summary judgment is intended to                  
          expedite litigation and avoid unnecessary and expensive trials.             
          See, e.g., FPL Group, Inc. & Subs. v. Commissioner, 116 T.C. 73,            
          74 (2001).  Either party may move for summary judgment upon all             
          or any part of the legal issues in controversy.  Rule 121(a).               
          The Court may grant partial summary judgment on a matter                    
          concerning which there is no genuine issue as to any material               





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