- 15 - appearance on behalf of petitioner, nor did petitioner file a written statement pursuant to Rule 50(c) in lieu of appearance. Discussion A. Declaratory Judgment In a declaratory judgment action brought under section 7428, the Court decides whether the Commissioner’s determination was erroneous. See Church in Boston v. Commissioner, 71 T.C. 102, 105 (1978); Houston Lawyer Referral Serv., Inc. v. Commissioner, 69 T.C. 570, 573, (1978); see also Note to Rule 217(a), 68 T.C. 1048. Disposition of a declaratory judgment action concerning the initial qualification of an exempt organization is ordinarily made on the basis of the administrative record. Church in Boston v. Commissioner, supra at 105; Houston Lawyer Referral Serv., Inc. v. Commissioner, supra at 573. An action for declaratory judgment may be decided by summary judgment. Rule 217(b)(2); see, e.g., Church in Boston v. Commissioner, supra. B. 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). Summary judgment may be granted with respect to all or any part of the legal issues in controversy “if the pleadings, answers to interrogatories,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: March 27, 2008