- 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 forthPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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