Estate of Robert W. Quick, Deceased, Esther P. Quick, Personal Representative, and Esther P. Quick - Page 14

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          purposes of determining whether the period of limitations for               
          making assessments has run; (2) find that the proper                        
          computational adjustments for 1989 and 1990 result in no                    
          deficiencies in tax or penalties for those years; (3) order                 
          respondent to refund overpayments for taxable years 1989 and                
          1990, with interest; and (4) find that petitioners incurred net             
          operating losses for 1989 and 1990 which may be carried back to             
          their taxable years 1987 and 1988.                                          
               A motion for summary judgment may be granted if the                    
          pleadings and other materials demonstrate that no genuine issue             
          of material fact exists and a decision can be rendered as a                 
          matter of law.  Rule 121(b); Sundstrand Corp. & Consol. Subs. 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 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).                                                                     
               Respondent objects to petitioners' motion for summary                  
          judgment on the grounds that it in part seeks the resolution of             
          matters as to which genuine issues of material fact remain.  We             
          agree.  However, because we are satisfied that no genuine issue             
          exists as to any of the material facts concerning whether the               
          period of limitations for making assessments for 1989 and 1990              




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