- 7 -
agreed to forgo filing suit against IBM for willful age
discrimination in exchange for $68,279.5
Discussion
A motion for 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."
Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520
(1992), affd. 17 F.3d 965 (7th Cir. 1994). The moving party
bears the burden of proving that there is no genuine issue of
material fact, and factual inferences are viewed in the light
most favorable to the nonmoving party. United States v. Diebold,
Inc., 369 U.S. 654, 655 (1962); Preece v. Commissioner, 95 T.C.
594, 597 (1990). The opposing party cannot rest upon mere
allegations or denials, but must set forth specific facts showing
there is a genuine issue for trial. Rule 121(d). The existence
of any reasonable doubt as to the facts will result in denial of
the motion for summary judgment. Hoeme v. Commissioner, 63 T.C.
18, 20 (1974).
Except as otherwise provided, gross income includes income
from all sources. Sec. 61(a); Commissioner v. Glenshaw Glass
5 We note that petitioner does not expressly rely on the ADEA
as the cause of action underlying the settlement. See
Commissioner v. Schleier, 515 U.S. 323, 332 n.6 (1995).
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