- 12 - the Commissioner mistakenly thought that Mr. Brody held a partnership interest in Thunderbird and did not realize that Mr. Brody's interest in Thunderbird was based upon his interest in another partnership, BDB. Petitioners' trial memorandum states as follows: Additional evidence has been submitted to the Court to show that the service did not intend or know that adjustments to another partnership [i.e., BDB] had to be made before the deficiency could be imposed upon Petitioners. The facts and evidence show that the I.R.S. did not properly prepare the consent, and the deficiency issued is not covered by the consent. [Emphasis deleted.] Petitioners cross-motion for summary judgment is really in the nature of a motion for reconsideration of our opinion in Brody I. We find nothing in petitioners' cross-motion or in petitioners' memorandum in support thereof that leads us to believe that we erred in Brody I. Petitioners base their cross-motion upon the "new and additional information" submitted therewith, but they present no basis for the Court to consider such "new and additional information". In Brody I, both parties argued, and the Court found that the consent is clear and unambiguous and that there was no justification to look to extraneous evidence in order to determine the intent of the parties to the consent. See, e.g., Woods v. Commissioner, 92 T.C. 776 (1989). Accordingly, in Brody I the CourtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011