Cletus Gaylon Waters - Page 5

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          Court filed as a petition in docket No. 1561-06L.  On January 24,           
          2006, the Court ordered petitioner to file an amended petition by           
          March 10, 2006.                                                             
               On February 1, 2006, petitioner filed a petition from the              
          Notice of Determination for taxable years 1997 and 1998, which              
          was designated as docket No. 2327-06L.  On February 17, 2006,               
          respondent moved that the case at docket No. 2327-06L be closed             
          on grounds of duplication.  On March 2, 2006, the Court closed              
          the case at docket No. 2327-06L and ordered that the petition in            
          that case become the amended petition in the instant case.  The             
          amended petition does not assign error to respondent’s                      
          determination, stating that petitioner’s income is exclusively              
          from Social Security payments and he is disabled.                           
               On November 15, 2006, respondent filed the motion for                  
          summary judgment.  The Court ordered petitioner to respond to               
          the motion by December 20, 2006; however, petitioner has failed             
          to do so.                                                                   
                                     Discussion                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials and 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);  Fla. Peach              
          Corp. v. Commissioner, 90 T.C. 678, 681 (1988).  The moving party           







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