Interlake Corporation - Page 3




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          issue, and all Rule references are to the Tax Court Rules of                 
          Practice and Procedure.  Respondent determined deficiencies in               
          the Federal income tax of the Interlake Corp. and its                        
          consolidated subsidiaries as follows:                                        
                         Year                 Deficiency                               
                         1974                 $78                                      
                         1975                 21                                       
                         1976                 19,750                                   
                         1977                 66                                       
                         1978                        19                                
                         1980                 952,588                                  
                         1981                 1,751,739                                
                         1983                 4,413,390                                
                         1984                 9,796,362                                

          After concessions by petitioner, only the deficiencies with                  
          respect to 1981 and 1984 remain in issue.  We must decide whether            
          certain tentative refund allowances that were paid to Acme Steel             
          Co. (formerly Interlake, Inc.), with respect to taxable years                
          1981 and 1984 constitute rebates to petitioner, Interlake Corp.              
          (successor in interest to Interlake, Inc.), and its consolidated             
          subsidiaries, for purposes of computing petitioner's deficiency,             
          if any, for taxable years 1981 and 1984.                                     
               Summary judgment may be granted if the pleadings and other              
          materials demonstrate that no genuine issue exists as to any of              
          the material facts and that a decision may be entered as a matter            
          of law.  See Rule 121(b); Sundstrand Corp. v. Commissioner, 98               
          T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  The                
          parties agree, and the record shows, that there is no genuine                




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