Pasadena ENT Clinic, P.A. - Page 2

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          and Rules 180, 181, and 183.1  The Court agrees with and adopts             
          the opinion of the Special Trial Judge, which is set forth below.           


                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               DEAN, Special Trial Judge:  On March 24, 1995, respondent              
          filed a motion to dismiss for lack of jurisdiction upon the                 
          ground that under Tax Court Rule 60(c) petitioner, Pasadena ENT             
          Clinic, P.A. (ENT Clinic), lacks the legal capacity to engage in            
          litigation before the Court.  Petitioner filed an opposition to             
          respondent's motion on May 15, 1995.  The Court set a hearing on            
          the motion at the September 5, 1995, Houston, Texas, trial                  
          session.  At the trial session, the parties appeared through                
          counsel, argued the motion, and filed a stipulation of facts.               
               After the hearing on respondent's motion to dismiss,                   
          petitioner filed on November 1, 1995, a Motion to Reopen Record             
          to Receive Additional Evidence, and on November 15, 1995, a                 
          Motion to Stay Proceedings.  Respondent filed objections to both            
          motions and petitioner filed responses to each of respondent's              
          objections.                                                                 
          Background                                                                  
               For calendar years 1990 and 1991, ENT Clinic filed Forms               
          1120, U.S. Corporation Income Tax Return.  On September 16, 1994,           


          1Unless otherwise indicated, all section references are to                  
          the Internal Revenue Code as amended.  All Rule references are to           
          the Tax Court Rules of Practice and Procedure.                              




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