Charlotte Aircraft Corporation and Subsidiaries - Page 2

                                                 - 2 -                                                   
            Procedure.  In the notice of deficiency, respondent determined                               
            deficiencies in petitioner's Federal income tax in the following                             
            amounts:                                                                                     
                        Taxable Years                                                                    
                        Ending Sept. 30                 Deficiency                                       

                              1987                     $175,870                                          
                              1988                     17,909                                            
                              1989                     15,048                                            
                              1990                     187,808                                           
                              1991                     289,879                                           
                              1992                     15,402                                            
                  The issue on which petitioner has moved for partial summary                            
            judgment is whether petitioner is entitled to deductions for                                 
            interest pursuant to section 163 for taxable years ending                                    
            September 30, 1990, through September 30, 1992.                                              
                  Pursuant to Rule 121, petitioner filed an affidavit with                               
            exhibits in support of its motion for partial summary judgment.                              
            Respondent filed a written response with an affidavit and                                    
            exhibits opposing petitioner's motion.                                                       
                  Rule 121(b) provides that a motion for summary judgment is                             
            to be granted if “there is no genuine issue as to any material                               
            fact and * * * a decision may be rendered as a matter of law.”                               
            The disposition of a motion for summary judgment under Rule                                  
            121(b) is controlled by the following principles:  (a) The moving                            
            party must show the absence of dispute as to any material fact                               
            and that a decision may be rendered as a matter of law; (b) the                              
            factual materials and the inferences to be drawn from them must                              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011