Albert J. Miller - Page 2

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          liable under section 1461 for his failure to withhold tax due               
          under section 881, as required by section 1442, on payments made            
          by such limited partnerships to A-Alphatronics Hong Kong Limited            
          (A-Alpha), a Hong Kong corporation, for research and development            
          services, to the extent that such payments were U.S. source                 
          income.                                                                     
               Respondent does not contend that any of the partnerships are           
          shams, nor that any adjustments are required under section 482.             
          The notice of deficiency provides that petitioner's failure to              
          withhold gave rise to the following deficiencies:                           
                    Year                     Deficiency                               
                    1976                     $189,300                                 
                    1977                     374,463                                  
                    1978                     639,555                                  
                    1979                     320,664                                  
                    1980                     321,300                                  
               On a motion for summary judgment, the moving party must show           
          the absence of dispute as to any material fact and that a                   
          decision may be rendered as a matter of law.  Rule 121(b);                  
          Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); Sundstrand              
          Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965           
          (7th Cir. 1994).  The facts will be viewed in the light most                
          favorable to the nonmoving party.  Elias v. Commissioner, 100               
          T.C. 510, 514 (1993); Naftel v. Commissioner, 85 T.C. 527, 529              
          (1985).  The party opposing the motion must set forth specific              
          facts showing there is a genuine issue for trial, and cannot rest           
          upon mere allegations or denials.  Rule 121(d); O'Neal v.                   





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