- 9 - appropriate if one or more but not all issues in the case are susceptible of summary disposition. See Rule 121(b); Turner Broad. Sys., Inc. & Subs. v. Commissioner, 111 T.C. 315, 323-324 (1998). Some aspects of the NOL issues are ripe for disposition by means of partial summary judgment. However, genuine issues of material fact exist with respect to other aspects of the NOL issues. II. The Controversy--Generally In Benton v. Commissioner, 122 T.C. at 365, 370-377, we held that: (1) The termination of petitioner’s chapter 11 bankruptcy proceeding, for purposes of section 1398, occurred on August 31, 1997, upon confirmation of the plan and discharge of the debtor; and (2) generally, petitioner may use NOLs from the Benton estate with respect to his separate tax years beginning with the year his bankruptcy proceeding commenced, to the extent allowed under section 172 and the regulations. Benton I did not decide certain factual details pertaining to the amounts or sources of the losses or to the mechanics of the application of the losses under section 172. Accordingly, Benton I did not fully resolve the parties’ disputes concerning the existence and amounts of any NOLs from the Benton estate to which petitioner may have succeeded and which he may have had available for use in his 1995, 1996, and 1997 tax years. See Schaefer v. Commissioner, T.C. Memo. 1998-163, affd. without published opinion 188 F.3d 514Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011