- 3 - Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials and may be granted where there is no genuine issue of material fact and a decision may be rendered as a matter of law. Rule 121(a) and (b); Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). 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 that show a genuine question of material fact exists and may not rely merely on allegations or denials in the pleadings. Grant Creek Water Works, Ltd. v. Commissioner, 91 T.C. 322, 325 (1988); Casanova Co. v. Commissioner, 87 T.C. 214, 217 (1986). Petitioner has not set forth specific facts showing the existence of a genuine issue of material fact. Petitioner contends that the records of petitioner’s income subpoenaed from the payers by respondent were not properly admitted under the Federal Rules of Evidence. Petitioner’s contention is without merit. What petitioner fails to understand is that the amounts of his income for the years in issue in the instant case have been deemed admitted. At no time in the instant case didPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011