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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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