James S. Zigmont - Page 8

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          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 evidence                  






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