- 11 - Petitioners have provided no evidence that any assessments of tax for the years at issue ever took place prior to May 10, 1994. Respondent, after adequate time for discovery, has made a showing from the record of a complete failure of proof concerning an essential element of petitioners’ claim, and on which petitioners would bear the burden of proof at trial. Rule 142(a); see Celotex Corp. v. Catrett, 477 U.S. 317, 322-323 (1986). There can be no genuine issue as to any material fact with respect to petitioners’ claim that the period of limitations for collection has expired. Because petitioners have failed to set forth specific facts showing that there is a genuine issue for trial as to the expiration of the period of limitations on collection, respondent is entitled to a summary disposition in his favor. Rule 121(d). Conclusion The Court finds as a matter of law that petitioners are barred from contesting the existence, amounts, and timeliness of the underlying assessments in this case, and that the period of limitations on collection of the assessments here has not expired. An appropriate order will be issued granting respondent’s motion for partial summary judgment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011