John R. Toney - Page 6

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          appropriate “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); see Celotex Corp. v.            
          Catrett, 477 U.S. 317, 322 (1986); 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.  Celotex Corp. v. Catrett, supra at 322; Dahlstrom v.             
          Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner,             
          79 T.C. 340, 344 (1982).  The inferences to be drawn from the               
          facts are to be viewed in the light most favorable to the non-              
          moving party.  Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,           
          475 U.S. 574, 588 (1986).  When the moving party has carried its            
          burden, however, the party opposing the summary judgment motion             
          must do more than simply show that “there is some metaphysical              
          doubt as to the material facts.”  Id. at 586.  The party opposing           
          the motion “may not rest upon the mere allegations or denials of            
          his pleadings, but * * * must set forth specific facts showing              
          there is a genuine issue for trial.”  Anderson v. Liberty Lobby,            






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