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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).
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