Theodore Skeriotis - Page 4

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          impose a penalty under section 6673.2  On November 14, 2006,                
          petitioner filed a response, raising frivolous and groundless               
          arguments.                                                                  
                                     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 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); 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; 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             


               2 Except in limited circumstances not relevant here, Rule 54           
          generally requires motions to be separately stated and not joined           
          together; we have permitted this joined motion to be filed in the           
          interests of judicial administration.  See Stewart v.                       
          Commissioner, 127 T.C. 109, 111 n.2 (2006).  The Court has                  
          proposed amending Rule 54 to clarify that motions should not be             
          joined together “Unless otherwise permitted by the Court”.  Press           
          Release dated Jan. 16, 2007, p. 22.                                         





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