Harvey M. Pert, Transferee - Page 4

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          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 also              





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