St. Joseph Lease Capital Corporation - Page 2

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               Steven S. Brown and Robert M. Levin, for petitioner.                   
               Gary D. Kallevang, for respondent.                                     


                                 MEMORANDUM OPINION                                   

               HALPERN, Judge:  This matter is before the Court on two                
          opposing motions for summary judgment, petitioner’s motion for              
          summary judgment (petitioner’s motion) and respondent’s motion              
          for partial summary judgment (respondent’s motion).  The motions            
          are in opposition on the question of whether the period of                  
          limitations on assessment and collection has run.  Petitioner               
          asks that we summarily decide that the assessment or collection             
          of any tax for the years in issue is barred by the statute of               
          limitations and that we enter a decision that there is no                   
          deficiency in respect of any such tax.  Respondent opposes that             
          request and asks that we summarily decide that petitioner’s                 
          affirmative defense of the statute of limitations has no merit.             
          Petitioner opposes respondent’s motion.                                     
               Unless otherwise noted, all section references are to the              
          Internal Revenue Code of 1986, as amended, and all Rule                     
          references are to the Tax Court Rules of Practice and Procedure.            
                                    Introduction                                      
          Motion For Summary Judgment                                                 
               A summary judgment is appropriate "if the pleadings, answers           
          to interrogatories, depositions, admissions, and any other                  





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