- 5 - the durable power of attorney while hospitalized after experiencing hallucinations. This matter was set for hearing at the Court's motions session in Washington, D.C. Prior to the hearing, petitioner filed a Rule 50(c) statement asserting that respondent is barred from assessing or collecting any deficiencies attributable to the gifts that petitioner purportedly received pursuant to Ms. Cade's durable power of attorney because the 4-year period of limitations under Texas Civ. Prac. & Rem. Code Ann. sec. 16.051 (West 1997), which allegedly governs challenges to the validity of a durable power of attorney, expired prior to the issuance of the notice of deficiency. Counsel for both parties appeared at the hearing and presented oral argument on the pending motion. During the hearing, counsel for respondent argued that the applicable statute of limitations in this case is set forth in section 6501(a).3 Both parties filed post-hearing memoranda with the Court. Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. See Florida Peach Corp. 3 Rule 39 states in pertinent part: "A party shall set forth in the party's pleading any matter constituting an avoidance or affirmative defense, including * * * the statute of limitations." Although petitioner has not properly pled the statute of limitations, we nonetheless deem the matter to be at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011