- 8 - The Court will not resolve disagreements over material factual issues in a summary judgment proceeding. Espinoza v. Commissioner, supra at 416. 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 non-moving party. Kroh v. Commissioner, supra at 390; Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985). 2. Separate notices of deficiency Respondent determined that petitioner owes an income tax deficiency arising from the distributions from his former spouse's qualified retirement and pension plans. In the alternative, and in a separate notice of deficiency, respondent determined that petitioner's former spouse is liable for an income tax deficiency attributable to the same distributions. Deficiency determinations asserted by respondent in a statutory notice of deficiency are presumed correct, Welch v. Helvering, 290 U.S. 111, 115 (1933). It is immaterial whether the alternative claims were contained in a single notice of deficiency or in separate notices. Doggett v. Commissioner, 66 T.C. 101, 103 (1976). The fact that respondent has made a separate determination of tax against each of the former spouses for the same tax liability does not negate the presumption of correctness as to either notice. Clapp v. Commissioner, 875 F.2d 1396, 1401 (9th Cir. 1989); Malat v. Commissioner, 302 F.2d 700, 704 (9th Cir. 1962), affg. 34 T.C. 365 (1960); Revell, Inc. v. Riddell, 273 F.2d 649 (9th Cir. 1959).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011