St. Joseph Lease Capital Corporation - Page 3

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          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 from                   




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Last modified: May 25, 2011