Van Der aa Investments, Inc., A Dissolved Delaware Corporation, Terry L. Van Der aa, Trustee - Page 2

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               2.  Held:  The motion will be denied because P has                     
               failed to establish that there is no genuine issue as                  
               to any material facts.                                                 

               Daniel A. Dumezich, Charles P. Hurley, and Gary S. Colton,             
          Jr., for petitioner.                                                        
               Marjory A. Gilbert and Catherine M. Thayer, for respondent.            


                                       OPINION                                        

               HALPERN, Judge:  This matter is before the Court on                    
          petitioner’s motion for partial summary judgment (the motion).              
          Respondent objects.                                                         
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code of 1986, as amended, and all Rule                 
          references are to the Tax Court Rules of Practice and Procedure.            
               Rule 121 provides for summary judgment.  Summary judgment              
          may be granted with respect to all or any part of the legal                 
          issues in controversy “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(a) and              
          (b).                                                                        









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