Curr-Spec Partners, LP, Curr-Spec Managers, LLC, Tax Matters Partner - Page 14




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          summary judgment.  See, e.g., Little v. Liquid Air Corp., supra;            
          Overseas Inns S.A. P.A. v. United States, 911 F.2d 1146 (5th Cir.           
          1990); Layfield v. Bill Heard Chevrolet Co., 607 F.2d 1097 (5th             
          Cir. 1979).                                                                 
               As respondent acknowledges, however, there is no per se rule           
          requiring the trial court to deny a motion for leave to amend               
          after a motion for summary judgment has been filed.  See Zaidi v.           
          Ehrlich, 732 F.2d 1218, 1220 (5th Cir. 1984); Bamm, Inc. v. GAF             
          Corp., 651 F.2d 389, 391-392 (5th Cir. 1981).  Considering that             
          the instant case was not scheduled for trial when petitioner                
          filed its motion and that the issues are largely confined to the            
          adjustments made in the FPAA, we conclude that it is appropriate            
          to allow petitioner to amend its petition again.                            
               Having decided that petitioner may amend its petition again,           
          we shall deny respondent’s motion for summary judgment.  The                
          second amended petition assigns error to the adjustments in the             
          FPAA, thus raising genuine issues as to material facts.  Summary            
          judgment therefore is inappropriate.  See Rule 121(b); Sundstrand           
          Corp. v. Commissioner, 98 T.C. at 520.                                      
               To reflect the foregoing,                                              

                                                  An appropriate order will           
                                             be issued.                               









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