- 15 - increase the asset value of the partnership and any "distribution to James upon liquidation will be minimal." Furthermore, the estate argues that it is improper to use the 1997 State court opinion "with respect to an accounting of ownership of partnership assets under Pennsylvania state law to retrospectively reallocate income for federal income tax purposes for the calendar years 1990 through 1993." A decision on a motion for summary judgment shall 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." Rule 121(b). All Rule references are to the Tax Court Rules of Practice and Procedure. The moving party bears the burden of proving that there is no genuine issue as to any material fact. See Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). All reasonable inferences must be drawn in favor of the nonmoving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-250 (1986); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). In these cases, each of the parties has filed a motion for summary judgment or a cross-motion for summary judgment, and we agree that there are no genuinePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011