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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); Zaentz v. Commissioner, 90 T.C. 753, 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, 820-821 (1985); Jacklin v.
Commissioner, 79 T.C. 340, 344 (1982).
Based upon our review of the record, we conclude that there
is no genuine issue as to any material fact and that respondent
is entitled to judgment as a matter of law. As discussed in
greater detail below, we shall grant respondent's motion for
summary judgment, enter a decision sustaining the notice of
determination upon which this case is based, and impose a penalty
on petitioner pursuant to section 6673. In addition, respondent
has shown good cause for lifting the suspension of the proposed
levy, and we shall grant respondent's motion to permit levy.
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