Cascade Partnership, James M. and Margaret C. Costello, Tax Matters Partner - Page 7

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          agents relied to their detriment on Costello’s manifestation of             
          authority to act as TMP on behalf of Cascade.  The other 19                 
          partners of Cascade were aware that Costello held himself out as            
          Cascade’s TMP.                                                              

          Discussion                                                                  
               Rule 121(b) provides that a motion for summary judgment                
          shall be allowed and considered if the pleadings and admissions             
          show that there is no genuine issue of material fact and that a             
          decision may be rendered as a matter of law.  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.  Dahlstrom           
          v. Commissioner, 85 T.C. 812, 821 (1985); Marshall v.                       
          Commissioner, 85 T.C. 267, 271 (1985).  The facts are viewed in a           
          light most favorable to the nonmoving party.  Jacklin v.                    
          Commissioner, 79 T.C. 340, 344 (1982).  In this case both parties           
          moved for summary judgment based on documents and affidavits.               
          There is no genuine issue of material fact as between the                   
          parties, and this matter is ripe for resolution by means of                 
          summary judgment.                                                           







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