- 4 - decision may be rendered as a matter of law. Rule 121(b); Sturniolo v. Sheaffer, Eaton, Inc., 15 F.3d 1023, 1024 (11th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988). The moving party has the burden of making this showing. Weinberger v. Hynson, Westcott & Dunning, 412 U.S. 609, 621-622 (1973); Espinoza v. Commissioner, 78 T.C. 412, 416 (1982). In deciding whether to grant summary judgment, we view the facts and inferences drawn therefrom in the light most favorable to the nonmoving party. Velten v. Regis B. Lippert, Intercat, Inc., 985 F.2d 1515 (11th Cir. 1993); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). Respondent's motion is appropriate for partial summary judgment because no fact necessary for our consideration of the motion is in dispute. Background Petitioner lived in Florida when he filed the petition in this case. 1. Timothy Riffe, Deceased, and Kathleen Pert For taxable years ending 1986, 1987, 1988, and 1989, Timothy Riffe, deceased, and Kathleen Pert timely filed joint Federal income tax returns reporting income from several Schedule C activities. Timothy Riffe died on February 11, 1991. When he died, he was married to Kathleen Pert. According to Timothy Riffe's will, Kathleen Pert was appointed personal representative of his estate. She was alsoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011