- 4 - genuine issue as to any material fact and that a decision may be rendered as a matter of law." Rule 121(b); see Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The moving party bears the burden of proving that there is no genuine issue of material fact, and factual inferences will be read in a manner most favorable to the party opposing summary judgment. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). The factual allegations deemed admitted under Rule 37(c) establish that during the taxable year 1992, petitioner was engaged in the business of establishing exempt organizations. Petitioner conducted seminars at which he encouraged people to establish exempt organizations, and he informed people that they could avoid income tax by conducting all their financial transactions through exempt organizations.3 Petitioner did not receive fees from people attending his seminars, but he used his seminars to recruit clients for his business of establishing exempt organizations. Petitioner also solicited clients for his business of establishing exempt organizations through direct mailings to accountants and certified public accountants. 3 Petitioner is apparently the same person who filed the petition as an officer in the case of Oliver Family Foundation, docket No. 8346-96X. See Oliver Family Found. v. Commissioner, T.C. Memo. 1997-220.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011