- 3 - granted with respect to all or any part of the legal issues in controversy “if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that a decision may be rendered as a matter of law.” Rule 121(b); Stubbs v. Commissioner, 797 F.2d 936 (11th Cir. 1986). Respondent asserts that there are material facts in dispute with respect to petitioner’s satisfaction of certain tests to qualify for the reserve method in dispute and thus argues that only partial summary judgment is appropriate if we agree with petitioner’s interpretation of relevant statutes and regulations. The facts material to the Court's disposition of the cross-motions for summary judgment are stated solely for purposes of deciding the motions and are not findings of fact for these cases. See Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). Background During the taxable years 1986 through 1994, Barnett Banks, Inc. (Barnett), was an accrual basis bank holding company organized and existing under the laws of the State of Florida, with its principal place of business in Jacksonville, Florida. On January 9, 1998, Barnett merged into NB Holdings, a subsidiary of NationsBank Corp., and thereafter was a wholly ownedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011