- 20 -
underpayment. Therefore, it is potentially irrelevant whether
respondent can prove fraud with respect to the JPS S corporation
income and likewise irrelevant whether respondent can prove the S
corporation election was valid. As a result, we do not believe
petitioner has demonstrated that he is entitled to summary
adjudication of this issue.
Accordingly, for the reasons set out above, we will deny
petitioner's motion.
To reflect the foregoing,
An appropriate order will
be issued.
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Last modified: May 25, 2011