- 6 - February 14, 2000, respondent and counsel for petitioners appeared and were heard. Petitioners orally moved for a summary judgment in their favor. Summary Judgment Pursuant to Rule 121(b), a summary adjudication may be made “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.” The party opposing the motion cannot rest upon the allegations or denials in his pleadings, but must “set forth specific facts showing that there is a genuine issue for trial.” Rule 121(d). 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 Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). There is no genuine issue as to any material fact with respect to the specific legal issue before us; thus, this matter is ripe for judgment on the issue as a matter of law. See Rule 121(d). Respondent contends that petitioners may not exclude pension payment amounts received from the city during the year in issue from gross income because the amounts were not received under a worker’s compensation act pursuant to section 104(a)(1), or aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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