- 2 - Laurence E. Nemirow, Josh O. Ungerman, and William R. Cousins III, for petitioners. James E. Archie, for respondent. OPINION VASQUEZ, Judge: This matter is presently before the Court on petitioners’ motion to dismiss for lack of jurisdiction. In the event petitioners’ motion to dismiss is not granted, the parties have filed cross-motions for summary judgment1 pursuant to Rule 121.2 As discussed below, we shall deny petitioners’ motion to dismiss and motion for summary judgment, and we shall grant summary judgment in favor of respondent. Background Petitioners resided in Boulder, Colorado, at the time their petition was filed in this case. The following summary of the relevant facts is based on the parties’ stipulations and attached exhibits. 1 The motions were originally filed as motions for partial summary judgment. Yet, subsequent to the filing of these motions, the parties settled with respect to all other issues remaining in the case. Accordingly, we drop the “partial” modifier and treat the motions as requesting summary judgment in favor of the movant. 2 Unless otherwise indicated, all section references are to 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011