- 11 - In sum, viewing the facts in a light most favorable to petitioners, Kroh v. Commissioner, supra, we conclude that respondent has made a prima facie case to support her motion for summary judgment and that petitioners have failed to come forward with countervailing assertions having sufficient specificity to cause us to hold that there is any material issue of fact which requires a trial. Under these circumstances, respondent is entitled to summary judgment as a matter of law. Rule 121(d); Hibernia Nat. Bank v. Carner, 997 F.2d 94, 98 (5th Cir. 1993); Abramo v. Commissioner, supra.7 Respondent's motion for summary judgment will be granted and decision will be entered for respondent. 7 See also Daniels v. Commissioner, T.C. Memo. 1994-591.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011