- 4 - The motion asks that we grant partial summary judgment that (1) Countryside’s liquidating distribution to Mr. Winn and Mr. Curtis in 2000 did not result in “a taxable event that gave rise to * * * [income recognized to] Countryside or any of its partners during 2000” and (2) “there is no adjustment to income, gain, loss, deduction, or credit of Countryside or any of its partners for 2000 arising from Countryside.” A hearing on the motion (the hearing) was held in Washington, D.C., on August 15, 2006. Background Summary Judgment A summary judgment is appropriate “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). A summary adjudication may be made upon part of the issues in controversy. Rule 121(a). In response to a motion for summary judgment or partial summary judgment, “an adverse party 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.” Rule 121(d). Facts on Which We Rely On or about September 10, 1993, Countryside was formed as a Massachusetts limited partnership to acquire, finance, own,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008