- 28 - statements about matters of fact necessary to justify the granting of summary judgment to respondent. The same absence of information would require us to deny a deemed cross-motion. Under these circumstances, it would be fruitless for us to go through the detailed analysis necessary for a deemed cross-motion for summary judgment. (2) Deceit In his response to respondent’s summary judgment motion, petitioner charged that his overpayment of interest “was directly attributable to unreasonable errors, deceit, and dilatory performance of managerial and ministerial acts by IRS officers acting in their official capacities.” We note that petitioner did not include the “deceit” contention in his later memorandum. To make the matter clear, we have examined the material before us and we conclude that this material does not show that Krogue, Rogers, or any other IRS employee or official committed any act of deceit against petitioner in the instant case. (3) Petitioner’s Responsibility Respondent contends that “Petitioner was solely responsible for the delay in paying the taxes due per his tax return”. This contention is intended to invoke the statutory provision that “an error or delay shall be taken into account only if no significant aspect of such error or delay can be attributed to the taxpayer involved”. Sec. 6404(e)(1) (final flush language).Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: March 27, 2008