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pursuant to section 7459(e), there is no deficiency in the estate
tax due from the estate because the statute of limitations under
section 6501(a) precludes assessment and collection of any such
deficiency. Neither party appealed that decision, and it became
final on July 20, 1995, pursuant to sections 7481(a) and 7483.
Subsequent to the entry of the Court's decision in docket
No. 15954-94, respondent determined that petitioners are liable
as transferees of the estate for the estate tax deficiency.
Accordingly, on June 9, 1995, and in accordance with section
6901(c)(1), respondent issued a notice of transferee liability to
each petitioner. On August 21, 1995, petitioners filed timely
petitions with the Court.
Under Rule 121(b), summary judgment is appropriate "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."
Preece v. Commissioner, 95 T.C. 594 (1990); Zaentz v.
Commissioner, 90 T.C. 753, 754 (1988); Naftel v. Commissioner, 85
T.C. 527, 529 (1985). The moving party has the burden of showing
that no genuine issue exists as to any material fact and that he
or she is entitled to judgment as a matter of law. Espinoza v.
Commissioner, 78 T.C. 412, 416 (1982). In deciding whether to
grant summary judgment, we view facts, and inferences drawn
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