- 2 - Procedure. In the notice of deficiency, respondent determined deficiencies in petitioner's Federal income tax in the following amounts: Taxable Years Ending Sept. 30 Deficiency 1987 $175,870 1988 17,909 1989 15,048 1990 187,808 1991 289,879 1992 15,402 The issue on which petitioner has moved for partial summary judgment is whether petitioner is entitled to deductions for interest pursuant to section 163 for taxable years ending September 30, 1990, through September 30, 1992. Pursuant to Rule 121, petitioner filed an affidavit with exhibits in support of its motion for partial summary judgment. Respondent filed a written response with an affidavit and exhibits opposing petitioner's motion. Rule 121(b) provides that a motion for summary judgment is to be granted if “there is no genuine issue as to any material fact and * * * a decision may be rendered as a matter of law.” The disposition of a motion for summary judgment under Rule 121(b) is controlled by the following principles: (a) The moving party must show the absence of dispute as to any material fact and that a decision may be rendered as a matter of law; (b) the factual materials and the inferences to be drawn from them mustPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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