- 3 -
In the notice of deficiency, respondent determined that
petitioners were liable for an AMT of $7,364 for the 2003 taxable
year.
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 a decision may be
rendered as a matter of law.” Rule 121(b); Sundstrand Corp. v.
Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th
Cir. 1994); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).
The Commissioner’s determination is presumed correct, and
generally, a taxpayer bears the burden of proving otherwise.
Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).1
Section 55 imposes, in addition to all other taxes imposed
by subtitle A, an AMT on noncorporate taxpayers. The
determination of a noncorporate taxpayer’s AMT requires a
1 The burden as to a factual issue relevant to the
liability for tax may shift to the Commissioner if certain
requirements are fulfilled. Sec. 7491(a). In the present case
there is no dispute of fact. Since we decide this case on the
legal issue, any issue as to the burden of proof is not relevant.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011