Charles R. Cutler - Page 3




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               Petitioner’s father died in 1999 owning two IRAs with Edward           
          D. Jones & Co.  Petitioner was a beneficiary of both IRAs in the            
          event of his father’s death.  No nondeductible contributions were           
          made to either of the IRAs.  In 1999, after the death of his                
          father, petitioner received lump-sum distributions from the IRAs            
          of $7,000 and $12,561.  Petitioner reported the $7,000                      
          distribution on his 1999 return but listed it as nontaxable.                
          Petitioner did not report the $12,561 distribution on his 1999              
          return.                                                                     
               After the requests for admissions were deemed admitted,                
          respondent filed a motion for summary judgment seeking judgment             
          in respondent’s favor on all issues.  Petitioner filed a timely             
          response stating only that he “respectfully OBJECTS to                      
          Respondent’s MOTION FOR SUMMARY JUDGMENT.”                                  
                                     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).  The Court may grant                 
          summary judgment when there is no genuine issue of 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); Zaentz v. Commissioner, 90 T.C. 753,           
          754 (1988).  Rule 121(d) states:                                            
               When a motion for summary judgment is made and                         
               supported as provided in this Rule, an adverse party                   






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