Cynthia A. Bell - Page 11

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             any other acceptable materials show that there is no                     
             genuine issue of any material fact and a decision may be                 
             rendered as a matter of law.  Rule 121(b), Tax Court Rules               
             of Practice and Procedure.  See Sundstrand Corp. v.                      
             Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965                 
             (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754                
             (1988).                                                                  
                  The moving party, respondent in this case, bears the                
             burden of proving that there is no genuine issue of                      
             material fact.  Dahlstrom v. Commissioner, 85 T.C. 812, 821              
             (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982).                
             Factual inferences will be made in a manner most favorable               
             to the party opposing summary judgment.                                  
                  For the reasons set forth below, we conclude that                   
             there are no genuine issues of any material fact and that                
             respondent is entitled to prevail as a matter of law.                    
             Accordingly, we shall grant respondent’s motion.                         
                  Under section 6404(e)(1), the Commissioner may abate                
             part or all of an assessment of interest on any deficiency               
             or payment of income, gift, estate, and certain excise tax               
             to the extent that any error or delay in payment is                      
             attributable to erroneous or dilatory performance of a                   
             ministerial or managerial act by an officer or employee of               
             the Commissioner if (a) the Commissioner contacted the                   






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