- 286 - III. Fraud Additions to Tax and Penalties A. Positions of the Parties None of the notices of deficiency issued to Ballard, Lisle, and Kanter determined fraud. At some point in time, respondent saw the need to amend the answers in these cases to assert that petitioners were liable for the fraud additions to tax and penalties and to increase the deficiencies in tax over those determined in the notices of deficiency. The parties and the Court agreed that the amendments to answers would not be filed in each of these cases until the trial commenced on June 13, 1994. Similarly, it was agreed that replies would be filed at that time. Kanter filed a motion to strike portions of respondent's amendments to answer that alleged increases in deficiencies and fraud with respect to transactions unrelated to payments from the Five. The Court granted Kanter's motion as follows: ORDERED that petitioners' motion to strike is granted to the extent of all adjustments in respondent's Amendment to Answer for an increased deficiency in tax and additions to tax as to transactions or events which are not related to or constitute part of the transactions which have been commonly referred to and identified by the parties as the "Prudential Issues" and/or "the Five" and, accordingly, such adjustments and the allegations of such adjustments are hereby stricken from the record of this case and will be excluded from consideration by the Court. Respondent filed a motion for reconsideration. After a hearing on respondent's motion for reconsideration was held onPage: Previous 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 Next
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