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a 71.19-percent interest in his name and a 5-percent interest in
the name of Uppaway that was attributable to Mr. Johnston
personally;
(9) during the year 1991, Mr. Johnston’s distributable share
of SCE partnership net income was $1,141,417, consisting of
$1,066,511 for his 71.19-percent personal interest and $74,906
for the 5-percent interest of Sea-Aire/Uppaway; and
(10) Mr. Johnston’s distributive share of SCE’s net loss for
1992 was $2,362.
Petitioners dispute each of the foregoing points.
A. Standard for Summary Judgment
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 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.” 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. Id. However, where a motion for summary
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