- 5 - controversy "if 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); 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); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). A motion for summary judgment will not be granted if there is a genuine issue of material fact. Gulfstream Land & Dev. Corp. & Subs. v. Commissioner, 71 T.C. 587 (1979). The existence of any reasonable doubt as to the facts will result in denial of the motion for summary judgment. Hoeme v. Commissioner, 63 T.C. 18, 20 (1974). Motion 1 In Motion 1, Charles argues that the notice of deficiency is arbitrary and erroneous, and, therefore, not entitled to a presumption of correctness. Charles asserts that he was a mere conduit or agent and did not have any ownership in the illegal funds or profits. Furthermore, Charles claims that respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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