- 16 - As discussed supra, Gold Coast’s partnership returns were marked “No” in the columns next to the question “Is this partnership subject to the consolidated audit procedures of sections 6221 through 6233?”. No election statement was filed with the partnership returns. Under such circumstances, it is not clear from merely inserting Mr. Wadsworth’s name in the tax matters partner box that Gold Coast was electing to be subject to the TEFRA procedures. The Gold Coast returns--coupled with the complete absence of any election statement--exhibit more of an intent to fall outside the TEFRA procedures than an intent to positively elect into them. Gold Coast therefore failed to elect to be subject to TEFRA, and we will deny petitioners’ amended motion to dismiss. II. Petitioners’ Amended Motion To Strike In support of their amended motion to strike, petitioners argue that paragraph 8 of respondent’s answer is an impermissible attempt to supply the information that was required in the notice of deficiency. Motions to strike are analyzed under Rule 52. Rule 52 provides that this Court, upon a timely motion of the parties or on its own initiative, may strike from any pleading any insufficient claim or defense or any redundant, immaterial, impertinent, frivolous, or scandalous matter. Rule 52 was derived from rule 12(f) of the Federal Rules of Civil Procedure.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011