Tate & Lyle, Inc. and Subsidiaries - Page 12

                                       - 12 -                                         

          the matter raised in either of the deficiency notices mailed to             
          petitioner.  The matter likewise was not placed in dispute in               
          either of the petitions filed herein or in respondent's answers             
          thereto.7  As a consequence, respondent may only raise the issue            
          of the correct amount of petitioner's general business credits              
          for the years in issue by obtaining leave to file an amendment to           
          her answer pursuant to Rule 41(a).                                          
          Whether leave will be granted to file an amendment to answer                
          is a question falling within the sound discretion of the Court,             
          and the disposition of such a motion turns largely on whether the           
          matter is raised in a timely fashion so as not to prejudice the             
          taxpayer.  Waterman v. Commissioner, 91 T.C. 344, 349-350 (1988);           
          Ross Glove Co. v. Commissioner, 60 T.C. 569, 595 (1973).                    
               Upon due consideration of the matter, we shall deny                    
          respondent's Motion for Leave to File Amendment to Answer filed             
          in docket No. 26352-93.  As previously mentioned, approximately             
          21 months passed between the filing of the petition in this case            
          and the filing of respondent's Motion for Leave to File Amendment           
          to Answer.  It was during this period that the parties filed a              
          stipulation of settled issues with the Court resolving the vast             
          majority of the issues then in dispute in docket No. 26352-93.              
          As we see it, the stipulation of settled issues, like a contract,           


          7  Nor did respondent seek to amend within 30 days after                    
          service of her respective answers.  Rule 41(a).                             




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011