Van Der aa Investments, Inc., A Dissolved Delaware Corporation, Terry L. Van Der aa, Trustee - Page 4

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          The Motion                                                                  
               By the motion, petitioner seeks summary adjudication in its            
          favor on three issues:  (1) Whether Investments properly reported           
          its built-in gain tax liability on its 1999 Federal income tax              
          return; (2) the delinquency addition, and (3) the accuracy-                 
          related penalty.                                                            
               Petitioner claims that the undisputed evidence in the case             
          shows that Investments’s calculation of the 1999 built-in gain              
          tax liability was supported by prior returns, audited financial             
          statements, and a 1995 calculation of net unrealized built-in               
          gain utilizing a contemporaneous valuation of the assets subject            
          to built-in gain tax, “which was performed by an independent,               
          well-respected appraiser.”                                                  
               Petitioner argues:                                                     
                    Because * * * [Investments] has properly                          
               calculated its built-in gain tax liability and because                 
               Respondent does not possess any evidence to the                        
               contrary, Petitioner is entitled to judgment as a                      
               matter of law on the issue of Petitioner’s proper                      
               built-in gain tax liability and on the accuracy-related                
               penalty and “delinquency penalty” imposed by Respondent                
               in regard to the built-in gain tax liability.                          
               Petitioner supports his argument with a “Statement of                  
          Undisputed Material Facts” containing 26 numbered statements of             
          facts that petitioner claims are undisputed and established by              
          the petition, answer, and various documents and affidavits.                 
          Accompanying the motion are Exhibits A through O.                           







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