- 6 -
Commissioner, supra at 520. In deciding whether to grant summary
judgment, the factual materials and the inferences drawn from
them must be considered in the light most favorable to the
nonmoving party. See Bond v. Commissioner, supra at 36; Naftel
v. Commissioner, supra at 529.
Petitioners do not dispute the authenticity of any of the
exhibits attached to respondent’s motion for partial summary
judgment, nor have they claimed that they did not make the
representations contained therein. However, petitioners argue
that some of the factual allegations made by respondent are in
dispute. After reviewing the materials filed by both parties, we
find that there is no genuine issue as to any of the material
facts that we have set forth in the background section of this
opinion. A significant undisputed factual allegation is that the
amount of the loss that petitioners claim they are entitled to is
based on the value of Mr. Tonn’s labor. “Only disputes over
facts that might affect the outcome of the suit under the
governing law will properly preclude the entry of summary
judgment. Factual disputes that are irrelevant or unnecessary
will not be counted.” Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 248 (1986).
The first issue is whether the amounts and characterizations
of gross income determined in the notices of deficiency are
correct. Respondent filed a request for admissions setting forth
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011