Nelson I. and Esther S. Goodman - Page 5

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               A decision shall * * * be rendered 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).]                     
               The moving party has the burden of showing the absence of a            
          genuine issue as to any material fact.  See Espinoza v.                     
          Commissioner, 78 T.C. 412, 416 (1982) (and cases cited therein).            
               The evidence of the nonmovant is to be considered in the               
          light most favorable to him, and all justifiable inferences are             
          to be drawn in his favor.  Adickes v. S.H. Kress & Co., 398 U.S.            
          144, 158-159 (1970).  There is, however, no issue for trial                 
          unless there is sufficient evidence for the finder of fact to               
          find in favor of the nonmoving party.  First Natl. Bank v. Cities           
          Serv. Co., 391 U.S. 253, 288-289 (1968).  The nonmovant’s                   
          evidence must be more than merely colorable.  Dombrowski v.                 
          Eastland, 387 U.S. 82, 84 (1967) (per curiam).  If the                      
          nonmovant’s evidence is not significantly probative, summary                
          judgment may be granted.  First Natl. Bank v. Cities Serv. Co.,             
          supra at 290.                                                               
               Respondent argues that as a matter of law petitioners’                 
          argument concerning whether stock was section 1244 stock was a              
          potential issue in the prior Tax Court litigation and is                    
          precluded from litigation in this case due to statutory and                 
          caselaw principles.  The Court agrees with respondent.                      







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