- 2 - liable under section 1461 for his failure to withhold tax due under section 881, as required by section 1442, on payments made by such limited partnerships to A-Alphatronics Hong Kong Limited (A-Alpha), a Hong Kong corporation, for research and development services, to the extent that such payments were U.S. source income. Respondent does not contend that any of the partnerships are shams, nor that any adjustments are required under section 482. The notice of deficiency provides that petitioner's failure to withhold gave rise to the following deficiencies: Year Deficiency 1976 $189,300 1977 374,463 1978 639,555 1979 320,664 1980 321,300 On a motion for summary judgment, 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. Rule 121(b); Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). The facts will be viewed in the light most favorable to the nonmoving party. Elias v. Commissioner, 100 T.C. 510, 514 (1993); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The party opposing the motion must set forth specific facts showing there is a genuine issue for trial, and cannot rest upon mere allegations or denials. Rule 121(d); O'Neal v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011