- 2 - filed pursuant to Rule 121.1 As discussed in detail below, we will deny petitioner's motion. Background2 On July 9, 1998, respondent issued a notice of deficiency to petitioner determining deficiencies in and additions to his Federal income taxes for the years 1991, 1992, 1993, and 1994. Although the notice of deficiency includes a number of adjustments, petitioner's motion for partial summary judgment is limited to respondent's determination that petitioner failed to report $63,207 and $209,275 in income for the taxable years 1991 and 1992. Respondent asserts that petitioner embezzled funds from his grandmother during the taxable years in issue. There is no dispute that petitioner filed his tax returns for 1991, 1992, 1993, and 1994 on October 18, 1995. Petitioner filed a timely petition for redetermination in which he alleged in pertinent part that the amounts that he received from his grandmother in 1991 and 1992 were gifts. In particular, petitioner alleged that on December 23, 1991, his grandmother, Winfred S. Cade (Ms. Cade), executed a durable power 1 Unless otherwise indicated, section references are to sections of the Internal Revenue Code, as amended, and Rule references are to the Tax Court Rules of Practice and Procedure. 2 The following is a summary of the relevant facts that do not appear to be in dispute; they are stated solely for the purpose of deciding the pending motion, and they are not findings of fact for this case. See Fed. R. Civ. P. 52(a); Rule 1(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011