- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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