Larry J. and Sherilyn Wadsworth - Page 17

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          Estate of Jephson v. Commissioner, 81 T.C. 999, 1000 (1983);                
          Allen v. Commissioner, 71 T.C. 577, 579 (1979).  Accordingly, the           
          principles enunciated by the Federal courts in the interpretation           
          and application of that rule are applicable here.  Estate of                
          Jephson v. Commissioner, supra at 1000-1001; Allen v.                       
          Commissioner, supra at 579.                                                 
               In general, motions to strike pleadings have not been                  
          favored by the Federal courts.  Estate of Jephson v.                        
          Commissioner, supra at 1001; Allen v. Commissioner, supra at 579.           
          A matter will not be stricken from a pleading unless it is clear            
          that it can have no possible bearing upon the subject matter of             
          the litigation.  Estate of Jephson v. Commissioner, supra at                
          1001; Allen v. Commissioner, supra at 579.                                  
               “A motion to strike should be granted only when the                    
               allegations have no possible relation to the                           
               controversy.  When the court is in doubt whether under                 
               any contingency the matter may raise an issue, the                     
               motion should be denied.”  If the matter that is the                   
               subject of the motion involves disputed and substantial                
               questions of law, the motion should be denied and the                  
               allegations should be determined on the merits.  In                    
               addition, a motion to strike will usually not be                       
               granted unless there is a showing of prejudice to the                  
               moving party.                                                          
          Estate of Jephson v. Commissioner, supra at 1001 (citations                 
          omitted).                                                                   
               As discussed supra, paragraph 8 of respondent’s answer                 
          contains factual allegations regarding Gold Coast’s business                
          operations, Mr. Wadsworth’s involvement in Gold Coast, and the              






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