Limited Gaming of America, Inc. - Page 9




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                  collaterally estopped from collecting additional                                     
                  deficiencies in income taxes from the petitioner for                                 
                  the taxable years 1993 and 1994.                                                     
                        If that is the sum of petitioner’s argument, then                              
                  the dispute as to that issue is concluded.                                           
                  Respondent observes that, unfortunately, that does not                               
            appear to be the ultimate aim of petitioner’s argument.                                    
                  Respondent notes that petitioner filed a Form 1139 claim                             
            with the IRS, applying for a refund of allegedly overpaid 1993                             
            and 1994 Federal income taxes, based upon claimed losses in the                            
            taxable year 1995.  The factual or legal grounds for the alleged                           
            loss were not indicated on the Form 1139.                                                  
                  Subsequently, on July 1, 1998, during LGA’s bankruptcy                               
            proceeding, respondent issued the notice of deficiency for the                             
            taxable years 1993 and 1994, which notice is the basis for this                            
            case pending before the Court.  Petitioner argues that                                     
            petitioner’s claim for overpayments (not yet proved) is to be                              
            applied, not against its actual tax liability for the taxable                              
            years 1993 and 1994, but only against the de minimis claim which                           
            respondent was allowed to collect in the bankruptcy proceeding.                            
                  Respondent submits that such an argument, as advanced by                             
            petitioner, is wholly contrary to established law.                                         
                  Respondent also disputes petitioner’s contention, inferred                           
            from petitioner’s arguments that in substantively consolidating                            
            LGA’s and Sunrise’s bankruptcy proceedings, the Bankruptcy Court                           







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