Opinion
15981-17
01-02-2024
STEVEN W. WEBERT & CATHERINE S. WEBERT, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Tamara W. Ashford, Judge.
This case is currently calendared for trial at the remote Session of the Court commencing on February 26, 2024. On December 28, 2023, petitioner Catherine S. Webert filed a Motion for Partial Summary Judgment, along with a Declaration of Catherine S. Webert in Support of Motion for Partial Summary Judgment. In her motion, petitioner states that she does not know whether Steven W. Webert objects to the granting of the motion and that respondent's counsel would need more time to review the motion and thus respond after it was filed. Upon due consideration, the Court will order petitioner Mr. Webert and respondent to each file a response to the motion.
For the benefit of Mr. Webert since he is self-represented, we note that if a nonmovant disagrees with the facts set out in a motion for partial summary judgment, then the nonmovant's response should point out the specific facts in dispute. If the nonmovant disagrees with any argument as to the law, then the nonmovant's response should also set out his position on the disputed legal issues. Q&As that the Court has prepared on the subject "What is a motion for summary judgment? How should I respond to one?" are available at https://ustaxcourt.gov/petitioners_start.html#START39 and are printed on the page attached to this Order.
Mr. Webert (and respondent) should note that Tax Court Rule 121(d) provides that "[i]f the nonmovant does not so respond [to a motion for partial summary judgment], a decision may be entered against that party."
To resolve Ms. Webert's Motion for Partial Summary Judgment, it is hereby
ORDERED that, on or before January 23, 2024, petitioner Steven W. Webert and respondent shall each file with the Court and serve on petitioner Catherine S. Webert a response to her Motion for Partial Summary Judgment.
What is a motion for summary judgment? How should I respond to one?
The motion. A motion for summary judgment requests a ruling from a judge on some or all of the issues in a case before trial. If a motion for summary judgment is filed, the judge will review the documents submitted by the parties and consider whether the case can be decided without a trial. The party filing the motion must show that there is no genuine dispute of any important fact and that the party filing the motion is entitled to judgment in their favor as a matter of law. See Rule 121.
Your response. If the Court orders you to file a response to a motion for summary judgment, your response must: specify which factual statements in the motion for summary judgment you dispute, state what you contend the actual facts are, and cite the specific evidence that you rely on to support your factual contentions. That is, you must do more than deny or disagree with the motion. Instead, you must set forth specific facts that establish there is a factual dispute and that a trial is necessary to resolve that dispute. It is not enough merely to claim that a fact is in dispute. You must support your claim that there is a question about a material fact (or facts) by submitting with your response the evidence on which you rely.
Your evidence. Your supporting evidence may include your own sworn affidavit or unsworn declaration given under penalty of perjury. (Form 18, Unsworn Declaration under Penalty of Perjury). Your declaration can state facts about which you have personal knowledge. If your evidence includes documents, then you should submit those with your response (preferably numbered as Exhibits), and your declaration should identify and authenticate those documents. Your supporting evidence may also include other affidavits, stipulations, admissions, answers to interrogatories, or deposition transcripts.
Legal disputes. A motion for summary judgment may involve not only factual disputes but also legal disputes. If you disagree with the IRS's explanation of the law that applies to your case, you should explain your disagreement and cite the statutes, regulations, or other authorities that apply to your case.
Failure to respond. If the IRS files a motion for summary judgment in your case and the Court orders you to file a response, then your failure to file a response may be grounds for granting the motion. See Rules 121(d) and 123(b).
Results of summary judgment. If a motion for summary judgment is granted in favor of the IRS, then there will be no trial, and a judgment will be entered against you. Similarly, if you file a motion for summary judgment and it is granted, then there will be no trial, and a judgment will be entered in your favor.