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