- 12 - to decide the total amount of wages of each individual who the Commissioner determined, or alleged in the answer, to be an employee of the taxpayer. II. Motion To Strike Rule 290(a) provides: (a) Applicability: The Rules of this Title XXVIII set forth the provisions which apply to actions for redetermination of employment status under Code Section 7436. Except as otherwise provided in this Title, the other Rules of Practice and Procedure of the Court, to the extent pertinent, are applicable to such actions for redetermination. Title XXVIII does not set forth specific rules regarding motions to strike. See Rules 290-295. Accordingly, we apply Rule 52 and the case law thereunder in determining whether to grant or deny the motion to strike. See Liberty Ministries Intl. v. Commissioner, T.C. Memo. 1984-260 (applying Rule 52, via Rule 210, in the context of an action for declaratory judgment). Rule 52 provides that this Court, upon a timely motion of the parties or on its own initiative, may strike from any pleading any insufficient claim or defense or any redundant, immaterial, impertinent, frivolous, or scandalous matter. Rule 52 was derived from rule 12(f), Federal Rules of Civil Procedure. Estate of Jephson v. Commissioner, 81 T.C. 999, 1000 (1983); Allen v. Commissioner, 71 T.C. 577, 579 (1979). Accordingly, the principles enunciated by the Federal courts in the interpretation and application of that provision are applicable here. Estate ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011