- 5 - On March 19, 2003, the parties filed a stipulation of settled issues, which reserved the issue of whether petitioners “can offset tax deficiencies * * * through net operating loss carry forwards or carrybacks.” On April 22, 2003, which was after respondent had accepted petitioners’ qualified offer, petitioners filed an amendment to petition in each docket in which petitioners claimed deductions for the NOLs in question. After the supplemental pleadings were closed, respondent filed the subject Motion for Summary Judgment, which petitioners now challenge. Discussion I. Summary Judgment Petitioners do not challenge as a procedural matter respondent’s motion for summary judgment, see Rule 121(a) and (b), and it appears that all prerequisites for summary adjudication have been satisfied, id.; Rule 121(d). II. Contentions of the Parties Respondent contends that respondent’s acceptance of petitioners’ qualified offer completely resolved the issue of petitioners’ liabilities for the 1989, 1991, and 1992 tax years. Respondent asserts that petitioners are not now able to raise new issues relating to their 1989, 1991, and 1992 liabilities. Petitioners contend that petitioners’ qualified offer included only items in dispute in the cases at the time the offerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011