Limited Gaming of America, Inc. - Page 12




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            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.                                  




















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