Robert H. Golden and Judith A.Golden - Page 11

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          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.                                     





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