- 12 - Sunrise would allow petitioner to determine its Federal income taxes on a consolidated basis with Sunrise. The Bankruptcy Court’s opinion does not state that substantive consolidation would permit petitioner to report its income taxes on a consolidated basis with Sunrise. The Bankruptcy Court limited substantive consolidation to the combining of assets and the cancellation of debts between the consolidated debtors. In re Ltd. Gaming of America, 228 Bankr. 275, 286 (Bankr., N.D. Okla. 1998). We hold that respondent is not collaterally estopped from determining petitioner’s Federal income taxes as a separate taxable entity. Accordingly, for the reasons stated above, the Court will deny petitioner’s Motion for Partial Summary Judgment. An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011