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Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be
granted with respect to all or any part of the legal issues in
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).
Section 6653(b)(1) provides that if any part of any
underpayment of tax is due to fraud, there shall be added to the
tax an amount equal to 50 percent of the underpayment. Section
6653(b)(2) provides that there shall be added to the tax, in
addition to the amount provided by section 6653(b)(1), an amount
equal to 50 percent of the interest due on the portion of the
underpayment that is attributable to fraud.
Fraud is defined as an intentional wrongdoing with a
specific intent to evade a tax believed to be owing. Zell v.
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