Martin H. Tonn and Lorraine A. Tonn - Page 6




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          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           






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