- 4 -
Foreign Tax Credit, of payments received from Flocktex
Industries, Ltd. (FIL). Petitioners were then by order given an
opportunity to submit any objections to this motion. The
memoranda relating to petitioners’ motions and petitioners’
response to respondent’s motion were thereafter received and
filed in November of 2000. This supplemental opinion addresses
these various motions.
Unless otherwise indicated, all section references are to
sections of the Internal Revenue Code in effect for the years in
issue, and all Rule references are to the Tax Court Rules of
Practice and Procedure. The term “petitioners” is used herein to
refer to those petitioners asking for relief by means of the
subject motions and related filings.
I. Petitioners’ Motions To Amend and for Reconsideration
We begin with petitioners’ motions to amend and for
reconsideration. Rule 41(a) provides in effect that after the
pleadings are closed, “a party may amend a pleading only by leave
of Court or by written consent of the adverse party, and leave
shall be given freely when justice so requires.” Like rule 15(a)
of the Federal Rules of Civil Procedure, from which it is
derived, Rule 41(a) reflects “a liberal attitude toward amendment
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011