- 27 - petitioners' theory at trial regarding an alleged administrative policy that required petitioner to retire in order to receive the Transfer Refund.15 Accordingly, we do not comprehend how decision in this case could have been entered pursuant to any motion for summary judgment. In view of the foregoing, we reject petitioners' second contention. G. Respondent's Collection Activity Finally, petitioners contend that respondent was unreasonable in pursuing collection of the assessed deficiencies, at least after the Court of Appeals decided Adler v. Commissioner, 86 F.3d 378 (4th Cir. 1996). We begin by recalling that petitioners did not file a bond to stay assessment and collection when they filed their notice of appeal. Accordingly, respondent was permitted, by law, to assess and collect the deficiencies in income and excise taxes as 15 The pages of objections in each party's post-trial brief to the other party's proposed findings of fact demonstrate the parties' perception that more than a pure issue of law was involved in this case. We also note that the day after petitioners' counsel entered his appearance in this case, petitioners commenced formal discovery against respondent. Again, such action demonstrates petitioners' perception that more than a pure issue of law was involved in this case.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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