- 4 - resolved by a trial or obviated by agreement of the parties, before we can decide whether the rule of law we first expressed in Security Bank Minn. v. Commissioner, supra, and recently applied in Security State Bank v. Commissioner, supra, applies to the CD's and time deposits. The background facts set forth below are derived from the pleadings in this case, petitioner's request for admission, respondent's responses to petitioner's request, the affidavit and exhibits attached to petitioner's motion for partial summary judgment and the supplement to petitioner's motion, respondent's cross-motion for partial summary judgment, the declaration and exhibits attached to respondent's response to petitioner's motion, the exhibits attached to petitioner's reply to respondent's response, and petitioner's supplemental reply and affidavit attached thereto. The background facts are set forth solely for the purpose of deciding the motions and are not findings of fact for this case. Fed. R. Civ. P. 52(a); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). Factual Background Petitioner is a successor in interest by merger to West One Bancorp, formerly known as Moore Financial Group, Inc. (Moore Financial), a national bank holding company incorporated in IdahoPage: 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