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issue of material fact exists and that a decision may be rendered
as a matter of law. See Rule 121(b); Sundstrand Corp. 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 will be read in a manner most favorable to the party
opposing summary judgment. See Dahlstrom v. Commissioner, 85
T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344
(1982).
We are satisfied that no genuine issue of material fact
exists. Partial summary adjudication is therefore appropriate in
this case.
Since the deficiency notice was mailed more than 3 years
after the filing of the tax return for SFWP's taxable year ended
June 30, 1993, respondent is barred from assessing a deficiency
for that year unless an exception to section 6501(a) applies.
The pertinent exception in this case is found in section
6501(c)(4) which provides:
(4) Extension by agreement.--Where, before the
expiration of the time prescribed in this section for the
assessment of any tax imposed by this title, * * * both the
Secretary and the taxpayer have consented in writing to its
assessment after such time, the tax may be assessed at any
time prior to the expiration of the period agreed upon * * *
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