Becker Holding Corporation and Subsidiaries - Page 2

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          years ending September 30, 1994, 1995, and 1996 (years at issue);           
          and, if not, (2) whether the notice of deficiency2 is barred                
          because it was mailed after the period of limitations on the                
          assessment of taxes had expired.                                            
               The following facts are based upon the parties’ pleadings,             
          memoranda, and supporting documents.  See Rule 121(b).  They are            
          stated solely for the purpose of deciding the parties’ cross-               
          motions for partial summary judgment, and not as findings of fact           
          in this case.  Fed. R. Civ. P. 52(a).                                       
                                     Background                                       
               Petitioner is a corporation with its principal place of                
          business in Fort Pierce, Florida.  During the years at issue,               
          petitioner was the parent company of a consolidated group of                
          affiliated corporations engaged in various aspects of the citrus            
          industry.                                                                   
               In 1991, petitioner agreed to purchase stock owned by R.               
          William Becker (Mr. Becker) in petitioner.  One of the documents            
          evidencing the transaction, the Agreement, dated March 15, 1991,            

               2  The notice of deficiency determined deficiencies for                
          petitioner’s tax years ending Sept. 30 for 1993, 1994, and 1995             
          rather than 1994, 1995, and 1996, which we are identifying as the           
          years at issue.  In 1996, petitioner sustained a net operating              
          loss, the amount of which is in dispute.  Respondent’s denial of            
          a $5,307,600 amortization deduction taken by petitioner in 1996             
          reduced the net operating loss but did not result in a deficiency           
          for that year.  Rather, respondent’s determination resulted in a            
          reduction in petitioner’s net operating loss carryback from 1996,           
          resulting, inter alia, in reductions in the net operating losses            
          in 1993 and 1995.  See sec. 6501(h).                                        





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