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American Financial Services" (All American). Petitioner alleged
that All American was a sole proprietorship in the business of
consulting. On the Schedule C, petitioner listed his Social
Security number but omitted his employer identification number.
Petitioner understated his Schedule C gross receipts for the 1993
taxable year by $187,745. In addition to understating his gross
receipts on the Schedule C, petitioner also overstated his
exemptions and his standard deduction for married persons and
underreported his self-employment taxes.
A motion for partial summary judgment is 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). The party opposing the motion cannot rest upon the
allegations or denials in the pleadings but must "set forth
specific facts showing that there is * * * [a] genuine issue for
trial." Rule 121(d). "The moving party, however, 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." Marshall v.
Commissioner, supra at 271.
"Fraud is defined as an intentional wrongdoing designed to
evade tax believed to be owing." Petzoldt v. Commissioner, 92
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