- 10 - is a genuine issue as to any material fact or that respondent is not entitled to a decision as a matter of law.6 III. Conclusion We shall grant respondent’s summary judgment motion with respect to petitioner’s abatement claim under section 6404(e)(1). To reflect the foregoing, An appropriate order and decision will be entered. 6 Petitioner’s claim that the settlement in his deficiency case does not speak to the issue of interest is remarkably disingenuous given the clarity of the language used in the decision: “It is further stipulated that interest will be assessed as provided by law on the deficiencies and penalties due from the petitioner.”Page: Previous 1 2 3 4 5 6 7 8 9 10Last modified: November 10, 2007