Nathan T. OLPIN - Page 6




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          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 forms              





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