Countryside Limited Partnership, CLP Holdings, Inc., Tax Matters Partner - Page 4




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               The motion asks that we grant partial summary judgment that            
          (1) Countryside’s liquidating distribution to Mr. Winn and Mr.              
          Curtis in 2000 did not result in “a taxable event that gave rise            
          to * * * [income recognized to] Countryside or any of its                   
          partners during 2000” and (2) “there is no adjustment to income,            
          gain, loss, deduction, or credit of Countryside or any of its               
          partners for 2000 arising from Countryside.”                                
               A hearing on the motion (the hearing) was held in                      
          Washington, D.C., on August 15, 2006.                                       
                                     Background                                       
          Summary Judgment                                                            
               A 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).  A              
          summary adjudication may be made upon part of the issues in                 
          controversy.  Rule 121(a).  In response to a motion for summary             
          judgment or partial summary judgment, “an adverse party may not             
          rest upon the mere allegations or denials of such party’s                   
          pleading, but such party’s response, by affidavits or as                    
          otherwise provided in this Rule, must set forth specific facts              
          showing that there is a genuine issue for trial.”  Rule 121(d).             
          Facts on Which We Rely                                                      
               On or about September 10, 1993, Countryside was formed as a            
          Massachusetts limited partnership to acquire, finance, own,                 






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