Steven H. Toushin - Page 17

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          "complete failure of proof" in the record on an essential element           
          of respondent's case.  Petitioner has failed to make the initial            
          showing required by Rule 121(b) and Celotex Corp. v. Catrett, 477           
          U.S. 317 (1986).  We, as a result, find that petitioner has                 
          failed to show that there is no genuine issue as to any                     
          materialfact and that a decision may be rendered as a matter of             
          law as to the deficiency and additions to tax for the year 1982.            
          We therefore deny petitioner's motion for partial summary                   
          judgment.                                                                   
                                                      An appropriate order           
          will be issued.                                                             



























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