- 2 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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