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Discussion
Summary judgment is intended to expedite litigation and
avoid unnecessary and expensive trials. Fla. Peach Corp. v.
Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be
granted where there is no genuine issue of material fact and a
decision may be rendered as a matter of law. Rule 121(a) and
(b). The moving party bears the burden of proving that there is
no genuine issue of material fact, and factual inferences are
viewed in a light most favorable to the nonmoving party. Craig
v. Commissioner, 119 T.C. 252, 260 (2002); Dahlstrom v.
Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner,
79 T.C. 340, 344 (1982). The party opposing summary judgment
must set forth specific facts which show that a genuine question
of material fact exists and may not rely merely on allegations or
denials in the pleadings. Grant Creek Water Works, Ltd. v.
Commissioner, 91 T.C. 322, 325 (1988); Casanova Co. v.
Commissioner, 87 T.C. 214, 217 (1986).
1. Whether Petitioner Must Include in His Distributive Share of
Partnership Income for the 1998 Taxable Year Amounts That Are
in Dispute Between the Former Partners
Section 701 provides: “A partnership as such shall not be
subject to the income tax imposed by this chapter. Persons
carrying on business as partners shall be liable for income tax
only in their separate or individual capacities.” In determining
his income tax, each partner must separately include his
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Last modified: May 25, 2011