- 3 - cases cited thereat. The factual materials and the inferences to be drawn from them must be viewed in the light most favorable to the party opposing the motion. Blanton v. Commissioner, 94 T.C. 491, 494 (1990). The opposing party cannot rest upon mere allegations or denials set forth in that party's pleadings, O'Neal v. Commissioner, supra at 674, and must make a showing sufficient to establish the existence of each element essential to that party's case and on which that party will bear the burden of proof at trial, Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (interpreting Fed. R. Civ. P. 56(c), on which Rule 121(b) is based). In deciding the instant motion, we set forth a summary of the facts relevant to our discussion. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). The facts presented below are based on the parties' pleadings and moving papers, and other relevant materials in the record and are viewed in terms most favorable to petitioners. Blanton v. Commissioner, supra at 494. Background At the time they filed their petition in the instant case, petitioners resided in Marietta, Georgia. During at least January through July 1992, petitioner was employed by International Business Machines Corp. (IBM). On July 28, 1992, petitioner was informed by his manager, Catherine F. Allman, that the project to which he was assigned would no longer be fundedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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