William Roger and Joan Ann Thorpe - Page 7

                                        - 7 -                                         

          agreed to forgo filing suit against IBM for willful age                     
          discrimination in exchange for $68,279.5                                    
               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).                     

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011