- 3 - 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. RespondentPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011