- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011