The Nis Family Trust - Page 24




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            requirements, produces credible evidence with respect to that                              
            issue.  See sec. 7491(a).                                                                  
                  Section 7491 does not add to respondent’s burden as the                              
            movant for judgment on the pleadings in these cases because, in                            
            part, the burden on the movant is to show that there are no                                
            material facts in dispute.  See, e.g., Abrams v. Commissioner,                             
            supra; see also Enron Oil Trading & Transp. v. Walbrook Ins. Co.,                          
            132 F.3d 526, 529 (9th Cir. 1997) (with respect to Fed. R. Civ.                            
            P. 12(c), which is similar to our Rule 120(a), judgment on                                 
            pleadings for defendants reversed when they failed clearly to                              
            establish that, on the face of pleadings, no material issues of                            
            fact remained to be resolved and they were entitled to judgment                            
            as a matter of law).  Once the movant shows that there are no                              
            material facts in dispute, as he has here, see infra section                               
            I.B., then there remain only legal issues for the Court to                                 
            decide.  Since there remain only legal issues, burden of proof,                            
            and, therefore, section 7491, are irrelevant.                                              
                  B.  Discussion                                                                       
                  Respondent has determined deficiencies in tax against each                           
            of the petitioners, and the petitioners have filed petitions.  We                          
            have jurisdiction to redetermine the correct amount of such                                
            deficiencies.  See sec. 6214(a).  As set forth supra in section                            
            I.A.2., the petition in a deficiency case must set forth each and                          
            every error that the petitioner alleges to have been committed by                          






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