Joseph V. Metallic - Page 3

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                                     Discussion                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  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).  Petitioner has not             
          identified any facts or evidence that would be presented at trial           
          to controvert the undisputed facts already in the record.  See              
          Rule 121(d) (providing, in pertinent part, that a response “must            
          set forth specific facts showing that there is a genuine issue              
          for trial.”).  Petitioner’s request to deny respondent’s motion             
          for summary judgment only sets forth additional arguments as to             
          why his income is not taxable.  It does not allege any factual              
          errors with regard to the deficiency determinations or additions            
          to tax.  See Rule 34(b)(4).  We conclude that the material facts            
          are not disputed and that judgment may be rendered as a matter of           
          law.                                                                        
               Section 1 imposes a tax on all taxable income.  Section                
          61(a)(1) includes in gross income “all income from whatever                 
          source derived,” including compensation for services.  Respondent           






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