Carmelo Montalbano - Page 5

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              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 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).  The moving party bears               
         the burden of proving that there is no genuine issue of material             
         fact, and factual inferences will be read in a manner most                   
         favorable to the party opposing summary judgment.  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).                                                                 
              Collateral estoppel precludes relitigation of any issue of              
         fact or law that was actually litigated and necessarily                      
         determined by a valid and final judgment.  Montana v. United                 
         States, 440 U.S. 147, 153 (1979).  It is well established that a             
         final criminal judgment for tax evasion under section 7201                   
         collaterally estops relitigation of the issue of fraudulent                  
         intent in a subsequent proceeding over the civil fraud penalty.              

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