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granted with respect to all or any part of the legal issues in
controversy--
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).]
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); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The
moving party bears the burden of proving that there is no genuine
issue of material fact, and factual inferences will be read in a
manner most favorable to the party opposing summary judgment.
Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v.
Commissioner, 79 T.C. 340, 344 (1982).
The following is a summary of the relevant facts that do not
appear to be in dispute; they are stated solely for purposes of
deciding the pending motion and are not findings of fact for this
case. Fed. R. Civ. P. 52(a).
Background
Lakewood Associates (Lakewood or the partnership) is a
general partnership subject to the unified partnership audit and
litigation procedures set forth in sections 6221 through 6233.
See Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA),
Pub. L. 97-248, sec. 402(a), 96 Stat. 648-667. At all relevant
times, Lakewood maintained its principal place of business at
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