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