- 2 - pursuant to Rule 121.1 Charles filed his motion on November 20, 1995, followed by the filing of a supplement to his motion on December 1, 1995, and second supplement to his motion on December 29, 1995 (this motion and the first and second supplement will be referred to hereinafter as Motion 1). Martha filed her motion on December 13, 1995 (this motion will be referred to hereinafter as Motion 2). Respondent has not filed an objection to the motions. However, respondent has filed objections on five different occasions in response to petitioners' prior motions for dismissal.2 Those motions raised arguments similar to those raised in the motions presently before the Court. We do not deem it necessary for respondent to file an objection. Respondent determined deficiencies in and additions to petitioners' Federal income taxes as follows: Additions to Tax Sec. Sec. Sec. Year Deficiency 6661 6653(b)(1)1 6653(b)(1)(A)1 1985 $329,911 $82,478 $164,956 -- 1986 90,590 17,409 -- $52,226 1 All Rule references are to the Tax Court Rules of Practice and Procedure, and all section references are to the Internal Revenue Code in effect for the taxable years in issue, unless otherwise indicated. 2 Under Rule 121, when a Motion for Summary Judgment is made and supported as provided in the Rule, an adverse party may not rest upon mere allegations or denials in his pleadings, but his response by affidavits or as otherwise provided in the Rule must set forth specific facts showing that there is a genuine issue of fact for trial, and if he does not so respond, a decision, if appropriate, may be entered against him. Rule 121(d). However, the opposing party need not come forth with affidavits or other documentary evidence unless the moving party makes a prima facie showing of the absence of a factual issue. Shiosaki v. Commissioner, 61 T.C. 861 (1974). Here, we are not satisfied that the moving party has made a prima facie case. (See discussion infra.)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011