- 3 - acceptable materials, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that a decision may be rendered as a matter of law." Rule 121(b). Grounds The principal grounds for petitioner’s motion are that respondent failed to suspend the period of limitations on assessment and collection by timely sending notice of deficiency and that the notice of deficiency upon which the petition is based was sent after that period expired. Respondent objects on alternative grounds: First, the period of limitations on assessment and collection was suspended by respondent’s sending notice of deficiency by mail to petitioner at petitioner’s last known address before such period expired; second, even if respondent failed to address such notice to petitioner at petitioner’s last known address, respondent did timely mail such notice to petitioner, who received actual notice of the contents of that notice without prejudicial delay. Although respondent argues that petitioner’s last known address presents a genuine issue of fact, respondent also argues that petitioner’s last known address is immaterial if we deny petitioner’s motion on the basis that the period of limitations was suspended by petitioner’s receipt of actual notice without prejudicial delay. Respondent relies on such actual notice argument as grounds for her motion. Petitioner does not argue that there is a genuine issue as to any material fact that would preclude us fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011