-5-
as the period of limitations with respect to that year had
expired.
On August 30, 1991, petitioner filed a petition for
declaratory judgment pursuant to section 7428 requesting this
Court to make a declaration regarding its continuing tax-exempt
status. Respondent thereafter filed a motion to dismiss for lack
of jurisdiction on the basis that the filing of the petition was
untimely in that it did not satisfy the statutory time
requirements contained in section 7428. We issued an opinion,
Anclote Psychiatric Center, Inc. v. Commissioner, 98 T.C. 374
(1992), in which we held that we had jurisdiction over the
instant case.
For purposes of the instant motion, petitioner concedes that
respondent's revocation is valid. Both petitioner and respondent
agree therefore that petitioner's income was not exempt from tax
under section 501 for the years at issue in the instant case.
Petitioner claims in the instant motion that it is entitled
to judgment as a matter of law with respect to (1) whether
payments totaling $1,014,378.94 made by petitioner to the Florida
Patients Compensation Fund (FPCF) during the years at issue are
deductible as ordinary and necessary expenses under section 162,
and (2) whether petitioner sustained a net operating loss in
taxable year 1983, which it may carry forward to subsequent years
including the years at issue. For the reasons stated herein,
petitioner's motion for partial summary judgment is denied.
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