- 5 - 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 partyPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011