Estate of Marvin M. Schwan - Page 4




                                        - 4 -                                         
          references are to the Tax Court Rules of Practice and Procedure.            
          Also, for convenience and because this matter involves multiple             
          individuals sharing the same last name, we adopt the convention             
          of using first names for subsequent references to previously                
          identified persons.                                                         
               Rule 121(a) allows a party to move “for a summary                      
          adjudication in the moving party’s favor upon all or any part of            
          the legal issues in controversy.”  Rule 121(b) directs that a               
          decision on such a motion may be rendered “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 moving            
          party bears the burden of demonstrating that no genuine issue of            
          material fact exists and that he or she is entitled to judgment             
          as a matter of law.  Estate of Chenoweth v. Commissioner, 88 T.C.           
          1577, 1578 (1987).  Facts are viewed in the light most favorable            
          to the nonmoving party.  See id.  With respect to the case at               
          bar, we set forth below factual information that, based upon                
          examination of the pleadings, moving papers, responses, and                 
          attachments, would appear not to be in dispute.                             











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011