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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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