Lone Star Life Insurance Company - Page 17

                                       - 17 -                                         

               In sum, we hold that the Forms 872 that Hibiscus executed              
          were effective to extend the period of limitations on behalf of             
          petitioner.  Consequently, we will grant respondent's Motion for            
          Partial Summary Judgment and deny petitioner's Cross-Motion for             
          Summary Judgment filed in docket No. 14781-96.                              
               2.  Petitioner's Motion To Dismiss for Lack of Jurisdiction            
          Filed in Docket No. 5898-97                                                 
               The remaining question to be decided is whether the December           
          30, 1996, notice of deficiency that is the basis for the petition           
          assigned docket No. 5898-97 is an invalid second notice of                  
          deficiency under section 6212(c).  Resolution of this issue turns           
          largely upon the question of the validity of the April 11, 1996,            
          notice of deficiency that is the subject of the petition assigned           
          docket No. 14781-96.  As previously mentioned, respondent issued            
          the notice of deficiency dated December 30, 1996, out of concern            
          that the Court might find the April 11, 1996, notice of                     
          deficiency to be invalid based upon statements contained in INI,            
          Inc. v. Commissioner, T.C. Memo. 1995-112, affd. without                    
          published opinion 107 F.3d 27 (11th Cir. 1997), to which we now             
          turn.                                                                       
               In INI, Inc. v. Commissioner, supra, the Commissioner                  
          adopted inconsistent alternative positions by issuing one notice            
          of deficiency to the common parent of a consolidated group of               
          corporations and a second notice of deficiency to a subsidiary              
          corporation based on separate filing status.  Separate petitions            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011