Charles R. Cutler - Page 4




                                         -4-                                          
               may not rest upon the mere allegations or denials of                   
               such party's pleading, but such party's response, by                   
               affidavits or as otherwise provided in this Rule, must                 
               set forth specific facts showing that there is a                       
               genuine issue for trial. If the adverse party does not                 
               so respond, then a decision, if appropriate, may be                    
               entered against such party.                                            
               The moving party bears the burden of proving that there is             
          no genuine issue of material fact.  Dahlstrom v. Commissioner, 85           
          T.C. 812, 821 (1985); Naftel v. Commissioner, 85 T.C. 527, 529              
          (1985).  The Court will view any factual material and inferences            
          in the light most favorable to the nonmoving party.  Dahlstrom v.           
          Commissioner, supra at 821; Naftel v. Commissioner, supra at 529.           
          Summary judgment is appropriate where the facts deemed admitted             
          pursuant to Rule 90(c) support a finding that there is no genuine           
          issue as to any material fact.  Morrison v. Commissioner, 81 T.C.           
          644, 651-652 (1983).                                                        
               Based upon our review of the record, we are satisfied that             
          there is no genuine issue of material fact and that respondent is           
          entitled to judgment as a matter of law.  The deficiencies in               
          this case arise from petitioner’s mistaken belief that                      
          distributions made to a beneficiary of a decedent’s IRA are not             
          taxable.                                                                    
               A distribution to the beneficiary of a decedent’s IRA is               
          includable in the gross income of the beneficiary.  Secs.                   
          408(d)(1), 691(a)(1); Estate of Kahn v. Commissioner, 125 T.C.              
          227, 232 (2005).  When such a distribution is made in a lump sum            







Page:  Previous  1  2  3  4  5  6  Next 

Last modified: March 27, 2008