- 2 - 1 In a motion for summary judgment, respondent conceded that the sec. 6651(a)(2) addition to tax for 1993 was determined in error. All section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to this Court's Rules of Practice and Procedure. Respondent, subsequent to petitioner's failure to respond to requests for admissions,1 filed a motion for summary judgment. Rule 121(b) provides that a motion for summary judgment shall be granted if the pleadings and admissions show that there is no genuine issue of material fact and that a decision may be rendered as a matter of law. 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. Marshall v. Commissioner, 85 T.C. 267, 271 (1985). The facts are viewed in a light most favorable to the nonmoving party. Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). Petitioner, throughout the administrative portion of this proceeding, advanced several successive theories or reasons in support of her position that she is not liable for Federal income tax on her compensation or wages. At the hearing on respondent's motion for summary judgment, respondent, under section 6673, orally moved for penalties against petitioner on the grounds that 1 Petitioner's failure to respond to respondent's requested admissions resulted in the admissions’ being deemed admitted. See Rule 90(c).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011