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MEMORANDUM OPINION
JACOBS, Judge: This matter is before the Court on the
parties' cross-motions for partial summary judgment. Both motions
were filed pursuant to Rule 121.1
The issue presented by these motions is whether respondent is
barred by the expiration of the statutory period of limitations
from recalculating the amount of petitioner's affiliated group's
combined taxable income under the section 936(h) profit-split
method for the taxable years ended June 30, 1990 and 1991. In this
regard, we must interpret a restricted consent extending the
limitation periods for 1990 and 1991 to a date subsequent to the
issuance of the notice of deficiency to determine whether the
language contained therein is sufficiently broad to permit
respondent to recalculate petitioner's affiliated group's combined
taxable income under the section 936(h) profit-split method for the
aforementioned years. Both parties have submitted memoranda of law
in support of their respective motions.
Background
Microsoft Corporation (Microsoft or petitioner), a Washington
corporation, had its principal place of business in Redmond,
1 Unless otherwise indicated, all section references are
to the Internal Revenue Code as in effect for the matter under
consideration, and all Rule references are to the Tax Court Rules
of Practice and Procedure.
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Last modified: May 25, 2011