Rodolfo Lizcano - Page 16




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          IV. Respondent’s Motion for Summary Judgment                                
               A. General Rules                                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                
          Commissioner, 90 T.C. 678, 681 (1988).  A party is allowed to               
          move “for a summary adjudication in the moving party’s favor upon           
          all or any part of the legal issues in controversy.”                        
          Rule 121(a).  A decision on the motion shall be “rendered if the            
          pleadings, answers to interrogatories, depositions, admissions,             
          and any other acceptable materials, together with the affidavits,           
          if any, show that there is no genuine issue as to any material              
          fact and that a decision may be rendered as a matter of law.”               
          Rule 121(b).                                                                
               The moving party bears the burden of proving that no genuine           
          issue of material fact exists and that he or she is entitled to             
          judgment as a matter of law.  Sundstrand Corp. v. Commissioner,             
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).                 
          Facts and inferences drawn from the record are viewed in the                
          light most favorable to the nonmoving party.  Id.  Where the                
          moving party properly makes and supports a motion for summary               
          judgment, “an adverse party may not rest upon the mere                      
          allegations or denials of such party’s pleading,” but must, by              
          affidavits or otherwise, set forth “specific facts showing that             
          there is a genuine issue for trial.”  Rule 121(d).                          







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