- 6 - issue of material fact exists and that a decision may be rendered 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 moving party bears the burden of proving that there is no genuine issue of material fact, and factual inferences will be read in a manner most favorable to the party opposing summary judgment. See Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). We are satisfied that no genuine issue of material fact exists. Partial summary adjudication is therefore appropriate in this case. Since the deficiency notice was mailed more than 3 years after the filing of the tax return for SFWP's taxable year ended June 30, 1993, respondent is barred from assessing a deficiency for that year unless an exception to section 6501(a) applies. The pertinent exception in this case is found in section 6501(c)(4) which provides: (4) Extension by agreement.--Where, before the expiration of the time prescribed in this section for the assessment of any tax imposed by this title, * * * 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 * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011