- 5 - Discussion Summary judgment is proper “if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, 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); Beery v. Commissioner, 122 T.C. 184, 187 (2004). The party opposing the motion “may not rest upon the mere allegations or denials of such party’s pleading,” but the objecting party’s response “must set forth specific facts showing that there is a genuine issue for trial.” Rule 121(d); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (relating to Fed. R. Civ. P. 56). Summary judgment is appropriate where the objecting party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Id. at 322. However, the burden of establishing the nonexistence of a “genuine issue” is on the party moving for summary judgment, and where the evidentiary matter in support of the motion does not establish the absence of a genuine issue, summary judgment is to be denied even if the objecting party does not submit opposing evidentiary matter. Adickes v. S.H. Kress & Co., 398 U.S. 144, 160 (1970).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011