- 9 - 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); 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. See Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). As previously discussed, petitioner is deemed to have admitted the various matters set forth in respondent's Second Request for Admissions and respondent's Amendment to Answer. There is no dispute as to any material fact as to the matters set forth therein. The allegations deemed admitted, quoted above in their entirety, establish the nature and amount of various items of income that petitioner failed to report during the years in issue. The allegations deemed admitted also establish that petitioner is liable for the additions to tax determined in the notices of deficiency. Petitioner opposes respondent's Motion for Summary Judgment on the ground that she is entitled to deductions for real estatePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011