Andrew G. and Cecilia M. Vajna - Page 2




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                                 MEMORANDUM OPINION                                   
          NIMS, Judge:                                                                
          Procedural Background                                                       
               This matter is before the Court on respondent’s Motion for             
          Leave To File Amended Answer.  Such motion was filed on October             
          3, 2000, and respondent’s proposed amended answer was lodged as             
          of the same date.  On October 23, 2000, petitioners filed an                
          opposition to respondent’s motion.  Thereafter, on November 15,             
          2000, a hearing was held to address respondent’s motion and                 
          petitioners’ objections.  The Court requested posthearing                   
          briefing with respect to a particular issue raised by the                   
          contentions and exhibits presented.  Accordingly, opening briefs            
          were filed in December of 2000, and reply briefs were filed in              
          January of 2001.  It is on the basis of these aforementioned                
          moving papers and subsequent submissions, written and oral, that            
          we decide respondent’s motion.  Factual information drawn from              
          such materials is accepted solely for the purpose of considering            
          the pending motion, and recitations thereof set forth below do              
          not constitute findings of fact in this case1.                              
               In the notice of deficiency issued to petitioners in                   
          December of 1995, respondent determined, among other things, that           
          petitioners received subpart F income which was not reported on             
          their returns for the taxable years 1988 and 1989.  More                    


               1Unless otherwise indicated, all section references are to             
          sections of the Internal Revenue Code in effect at all relevant             
          times hereunder.  All Rule references are to the Tax Court Rules            
          of Practice and Procedure.                                                  


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