Winn-Dixie Stores, Inc. and Subsidiaries - Page 10

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          v. Commissioner, supra; Naftel v. Commissioner, supra.  When a              
          motion for summary judgment is made and supported, respondent, as           
          the nonmoving party, cannot rest upon mere allegations or denials           
          in his pleadings, but must set forth specific facts showing that            
          there is a genuine issue for trial.  Rule 121(d).                           
               Petitioner argues that its allegations show that respondent            
          abused his discretion by either failing, or refusing, to offset             
          overpayments from 1984 and 1987 against agreed underpayments for            
          1988 through 1991.  Our review of the factual allegations made by           
          the parties, including their respective supporting affidavits,              
          leads us to conclude that there are genuine issues as to the                
          material facts alleged by petitioner.  Accordingly, we deny                 
          petitioner's motion for partial summary judgment.                           


                                                  An appropriate order                
                                             will be issued denying                   
                                             petitioner's motion for                  
                                             partial summary judgment.                
















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