Dudley Joseph Callahan and Myrna Dupuy Callahan - Page 5




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          penalties, petitioners allege that they were improperly charged             
          with two penalties for 2003 and that the penalties are                      
          unreasonable.                                                               
               On February 6, 2007, respondent issued petitioners a notice            
          of determination, denying petitioners relief from the penalties.            
          Petitioners timely filed a petition with this Court.  On November           
          8, 2007, respondent filed a motion for entry of order that                  
          undenied allegations in the answer be deemed admitted as provided           
          in Rule 37(c).  On December 10, 2007, we granted respondent’s               
          motion.  Therefore, petitioners are deemed to have admitted that            
          the frivolous return penalties for 2003 were timely assessed                
          before the expiration of the 3-year period for assessment                   
          applicable under section 6501(a).                                           
                                     Discussion                                       
          A.   Summary Judgment                                                       
               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).  The moving party bears the burden of proving that              
          there is no genuine issue of material fact.  Dahlstrom v.                   







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