- 21 - 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 lightPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011