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section 6673.1 A hearing was held thereon. For the reasons set
forth below, we shall grant respondent's motion.
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 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). 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 which show that 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).
1 Unless otherwise noted, all section references are to the
Internal Revenue Code of 1986, as amended, and all Rule
references are to the Tax Court Rules of Practice and Procedure.
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