Timothy Dean Strong - Page 3

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          754 (1988); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  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).                                      
               In these cases, we believe that there are genuine issues as            
          to material facts that preclude decisions as a matter of law with           
          regard to the imposition of judicial estoppel.  As explained in             
          detail below, we shall deny petitioners’ motions for partial                
          summary judgment.                                                           
               Petitioner Timothy Dean Strong (Strong), docket No. 821-01,            
          is the sole owner of petitioner Strong Construction Company,                
          Inc.(SCC), docket No. 2048-01.  Operating through SCC, Strong               
          constructed houses for resale.  In 1990, Strong had become                  
          involved in an unprofitable business venture which resulted in              
          numerous creditors’ attempting to collect debts from him.  Strong           
          filed for relief from these creditors under chapter 7 of the                
          Bankruptcy Code on May 9, 1990.  On Schedule B-2 of his                     
          bankruptcy petition, Strong listed “zero” as the amount of cash             
          on hand.  SCC was not a party to the bankruptcy proceeding, and             
          Strong did not list his ownership interest in SCC in his schedule           
          of assets.  Strong received a discharge in bankruptcy on August             

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