William J. Tully - Page 4

                                       - 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