- 2 - 104(a)(2).1 Because petitioner's motion does not provide a basis for the disposition of all of the issues in dispute in this case, petitioner's motion is correctly characterized as a Motion for Partial Summary Judgment and will be referred to as such herein. As explained in greater detail below, we shall deny petitioner's Motion for Partial Summary Judgment on the ground that the issue raised by the motion is not ripe for summary adjudication. Background2 During the period 1987 through 1991, petitioner and his then wife were in the business of growing orchids for sale, operating under the name Fred Henry's Paradise of Orchids. Between 1987 and 1991, petitioner applied a product known as Benlate to his orchids for the intended purpose of preventing and controlling disease. Benlate is manufactured by Dupont and marketed by Universal Enterprises Supply Corp. (Universal). After petitioner applied Benlate to his orchids, the orchids gradually showed signs of severe damage including interference with normal growth patterns, "chloretic" color, root loss, defoliation, and death of plants. As a result of the losses that he suffered from using 1 Section references are to the Internal Revenue Code, as amended. Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. 2 The following is a summary of the relevant facts that do not appear to be in dispute; they are stated solely for the purpose of deciding the pending motion, and they are not findings of fact for this case. See Rule 1(a); Fed. R. Civ. P. 52(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011