Curr-Spec Partners, LP, Curr-Spec Managers, LLC, Tax Matters Partner - Page 4




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          returns and, therefore, the assessment period for those years has           
          not expired.                                                                
          2.   Respondent’s Motion for Summary Judgment and Petitioner’s              
               Motion for Leave To File A Second Amended Petition                     
               The FPAA makes a number of adjustments to the 1999                     
          partnership return.  Although the petition asserts that the FPAA            
          was untimely, it does not assign error to the determination that            
          the partnership was a sham or to the other adjustments discussed            
          above.  Respondent filed a motion for summary judgment, asserting           
          that any issues not raised in the petition are deemed conceded              
          under Rule 34(b)(4).                                                        
               After respondent had filed the motion for summary judgment,            
          petitioner filed a motion for leave to file a second amended                
          petition.  The motion states that “Petitioner wishes to amend its           
          petition to more particularly comply with [Rule] 34(b)(4) by                
          alleging further factual basis for respondent’s various errors as           
          contained in * * * [the FPAA].”  The proposed second amended                
          petition assigns error to each adjustment in the FPAA.                      
                                     Discussion                                       
          I.   Whether the Assessment Period Has Expired                              
               Summary judgment is appropriate “if the pleadings, answers             
          to interrogatories, depositions, admissions, and any other                  
          acceptable materials, together with the affidavits, if any, show            
          that there is no genuine issue as to any material fact and that a           
          decision may be rendered as a matter of law.”  Rule 121(b);                 






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