- 4 - 6214(a); Evans Publg., Inc. v. Commissioner, 119 T.C. 242, 247 (2002). In petitioners’ motion for summary judgment,3 trial memorandum, and “Addendum to Petitioner’s Trial Testimony of 9/9/2002”, petitioners request an abatement of all interest associated with the determined deficiency. In their petition, petitioners did not request an abatement of interest, nor did they amend their petition to claim such relief. However, when issues not raised by the pleadings are tried by express or implied consent of the parties, the issues shall be treated as if they had been raised in the pleadings. Rule 41(b). Respondent was on notice before trial that petitioners were requesting interest abatement. Further, respondent did not object at trial when petitioners requested such relief. The interest abatement issue was tried by consent of the parties, and we shall treat that claim as if it had been made in the pleadings, pursuant to Rule 41(b)(1). On the basis of the above, the issues for decision for the 1997 taxable year are: (1) The capital gains tax rate applicable to petitioners’ capital gains; (2) whether petitioners are liable for the AMT; and (3) whether petitioners are entitled to interest abatement. 3 Petitioners’ motion for summary judgment was denied on July 8, 2002. See infra p. 7.Page: 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