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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
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