- 6 - 754 (1988); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The moving party bears the burden of showing that there is no genuine issue of material fact, and factual inferences are viewed in the light most favorable to the nonmoving party. See Preece v. Commissioner, 95 T.C. 594, 597 (1990). The existence of any reasonable doubt as to a material fact will result in denial of the motion for summary judgment. See Hoeme v. Commissioner, 63 T.C. 18, 20 (1974). A fact is material if it "'tends to resolve any of the issues that have been properly raised by the parties.'" Boyd Gaming Corp. v. Commissioner, 106 T.C. 343, 347 (1996)(quoting 10A Wright et al., Federal Practice and Procedure: Civil, sec. 2725, at 93 (2d ed. 1983)). Where both parties move for summary judgment, each motion must be examined to determine whether it has been established that there is no genuine issue as to any material fact and that a decision may be entered as a matter of law. See Take v. Commissioner, 82 T.C. 630, 633 (1984), affd. 804 F.2d 553 (9th Cir. 1986). We agree with the parties that there are no material facts at issue with regard to whether petitioner filed a valid 1995 Federal income tax return. Having determined that this is a proper case for summary judgment, we focus on the legal requirements of what constitutes a Federal income tax return. Section 6011(a) provides that "any person made liable for any tax * * * shall make a return * * * according to the formsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011