Dakotah Hills Offices Limited Partnership, An Arizona Limited Partnership, William M. and Dianne B. Stephens, Tax Matters Partners, et al. - Page 21

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             Respondent treated the amount of that decrease as a                      
             distribution of money to the settling partner by the                     
             partnership, pursuant to section 752(b).                                 
                  Petitioners' Motion for Summary Judgment asks the                   
             Court to dismiss the subject consolidated cases on the                   
             ground that the adjustments do not involve "partnership                  
             items" as defined by section 6231(a)(3).  Petitioners take               
             the position that the Settlement Agreement between Admiral               
             and 14 limited partners took place entirely outside of the               
             partnership, such that the determination of any item                     
             relating to that transaction could not be a partnership                  
             item within the meaning of section 6231(a)(3) and the                    
             regulations promulgated thereunder.                                      
                       In order to decide a motion for summary judgment,              
             we must find that 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).  The moving party bears the burden of proving               
             that there is no genuine issue of fact and that the moving               
             party is entitled to judgment on the substantive issues of               
             the case as a matter of law.  E.g., O’Neal v. Commissioner,              
             102 T.C. 666, 674 (1994).  In considering a motion for                   
             summary judgment, we view factual inferences in the light                




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