- 5 - affirmative defense which, pursuant to Rule 39,2 is required to be specifically pleaded. Respondent's motion, on the other hand, seeks to permit the amendment of her answer in the instant case so as to include the affirmative defense of quasi-estoppel. Discussion Before we address the substance of each motion, it is important that we set out the current status of this case. In our initial opinion, we addressed each of petitioners’ three arguments and held for respondent on all three. We cited petitioners’ failure to carry their burden of proof as the principal reason for such holdings. The Court of Appeals rejected the analysis of our initial opinion but has instructed us to consider whether the doctrine of quasi-estoppel operates to effect the same result. To comply with the court’s mandate, we will grant respondent’s motion to amend the pleadings. Our Rules of Practice and Procedure, in many respects, parallel the Federal Rules of Civil Procedure. Rule 41(a) permits amendments to pleadings and provides that "A party may amend a pleading once as a matter of course at any time before a responsive pleading is served. * * * Otherwise a party may amend his pleading only by leave of Court or by written consent of the adverse party". Rule 41(a) further provides that leave to amend "shall be given freely when justice so requires." 2Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011