- 5 - 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 is not, however, a substitute for trial; it should not be used to resolve disputes over factual issues. Espinoza v. Commissioner, 78 T.C. 412, 416 (1982). Summary judgment may be granted where there is no genuine issue of any material fact and a decision may be rendered as a matter of law. Rule 121(a) and (b); see Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988). Respondent, as the moving party, has the burden of showing that there is no genuine issue of material fact; all doubts as to the existence of an issue of material fact must be resolved against the movant. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). When a motion for summary judgment is made and properly supported, the adverse party may not rest upon mere allegations or denials of the pleadings but must set forth specific facts showing that there is a genuine issue for trial. Rule 121(d). Generally, “A prior conviction will estop a party from contesting in a later civil suit any element necessarily established in the criminal trial.” Considine v. United States, 683 F.2d 1285, 1286 (9th Cir. 1982). The Court of Appeals forPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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