- 8 - referenced in Rule 121(b) include deemed admissions pursuant to Rule 90(c). Marshall v. Commissioner, 85 T.C. 267, 272 (1985). The moving party bears the burden of proving that no genuine issue of material fact exists and that he or she is entitled to judgment as a matter of law. Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). Facts and inferences drawn from the record are viewed in the light most favorable to the nonmoving party. Id. Where the moving party properly makes and supports a motion for summary judgment, the nonmoving party “may not rest upon the mere allegations or denials of such party’s pleading,” but must, by affidavits or otherwise, set forth “specific facts showing that there is a genuine issue for trial.” Rule 121(d). B. Deficiency Based on the documents filed with the Court, including the deemed admissions, supra, the Court concludes that respondent has satisfied his burden of proving that no genuine issue of material fact exists as to respondent’s deficiency determinations and that respondent is entitled to judgment as a matter of law. C. Additions to Tax The Commissioner bears the burden of production in any court proceeding with respect to an individual’s liability for penalties or additions to tax. Sec. 7491(c). To meet this burden, the Commissioner must present “sufficient evidencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011