Galen J. Smith - Page 8

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               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).                                      



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