David White - Page 5

                                        - 5 -                                         

          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); 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).  Summary                  
          judgment is appropriate where the facts deemed admitted pursuant            
          to Rule 90(c) support a finding that there is no genuine issue as           
          to any material fact.  Morrison v. Commissioner, 81 T.C. 644,               
          651-652 (1983).                                                             
               Based upon our review of the record, we are satisfied that             
          there is no genuine issue of material fact and that respondent is           
          entitled to judgment as a matter of law.                                    
               The deficiency determined by respondent in this case arises            
          from a reconstruction of petitioner's taxable income because                
          petitioner failed to provide respondent with adequate records or            
          to file a Federal income tax return for 1995.  The factual                  





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011