Microsoft Corporation - Page 12

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            petitioner filed a cross-motion for partial summary judgment                                
            asserting that respondent is time barred from raising the                                   
            alternative adjustment.                                                                     
            Discussion                                                                                  
                  Summary judgment is appropriate where the pleadings show that                         
            no genuine issue of material fact exists and that a decision may be                         
            rendered as a matter of law.  Rule 121(b); Sundstrand Corp. &                               
            Consol. Subs. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17                            
            F.3d 965 (7th Cir. 1994); Jacklin v. Commissioner, 79 T.C. 340, 344                         
            (1982).  A partial summary adjudication may be made which does not                          
            dispose of all the issues in the case.  Rule 121(b); Naftel v.                              
            Commissioner, 85 T.C. 527, 529 (1985).                                                      
                  With respect to the matter before us, there are no material                           
            facts in dispute, and the pleadings, briefs, and affidavits before                          
            us are sufficient to render a decision as a matter of law.  Thus,                           
            summary adjudication is appropriate under Rule 121.                                         
                  Generally, income taxes must be assessed within 3 years from                          
            the date the tax return is filed.  Sec. 6501(a).  However, the                              
            period of limitations may be extended by the parties through the                            
            execution of Form 872 or 872-A:                                                             
                  Where, before the expiration of the time prescribed in                                
                  this section for the assessment of any tax imposed by                                 
                  this title, except the estate tax provided in chapter 11,                             
                  both the Secretary and the taxpayer have consented in                                 
                  writing to its assessment after such time, the tax may be                             
                  assessed at any time prior to the expiration of the                                   
                  period agreed upon.  The period so agreed upon may be                                 





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