Greg Olson - Page 5

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          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.  Sundstrand Corp. v.               
          Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th               
          Cir. 1994).  Facts are viewed in the light most favorable to the            
          nonmoving party.  Id.  However, where a motion for summary                  
          judgment has been properly made and supported by the moving                 
          party, the opposing party may not rest upon mere allegations or             
          denials contained in that party’s pleadings but must by                     
          affidavits or otherwise set forth specific facts showing that               
          there is a genuine issue for trial.  Rule 121(d).                           
          I.  Petitioner’s Motion for Summary Judgment                                
               Petitioner’s motion for summary judgment summarizes his                
          position as follows:                                                        
               this is what must happen in order for there to be                      
               taxable domestic income:  1)One must receive a taxable                 
               “item” of income (e.g. compensation, interest, rents,                  
               etc.) per 26 USC �� 61 and following.  I stipulate that                
               my income appears to be a taxable item.  2) The “source                
               rules” must categorize the income as domestic income                   
               per 26 USC �� 861(a) and 26 CFR ���� 1.861-2 through                   
               1.861-7.  I stipulate that my income appears to be                     
               domestic.  3) The income must derive from a “specific                  
               source or activity” which is taxable.  My income does                  
               not appear to be derived from a taxable specific source                
               or taxable activity.                                                   
          As to the third point enumerated, petitioner explained:                     

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