- 4 - unnecessary and expensive trials. Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Full or partial summary is appropriate “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); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). The moving party bears the burden of proving that there is no genuine issue of material fact, and factual inferences will be read in a manner most favorable to the party opposing summary judgment. Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). A. Which Document Is the FSAA? As an initial matter, the parties disagree about which document is the FSAA. Petitioner contends that the FSAA is the six-page document attached to the motion for partial summary judgment. Respondent argues that the FSAA is the 67-page document attached to the petition (67-page FSAA). In paragraph 2 of the petition, petitioner asserted that “A copy of the notice of final S corporation administrativePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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